IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 1895 of 2011
Dhananjay Kumar Singh ...... Petitioner
Versus
Jharkhand State Housing Board, Ranchi & others ...... Respondents
CORAM: HON'BLE MR. JUSTICE D. N. PATEL
For the Petitioner : M/s Sudarshan Srivastava, Sunil Singh, Advocates
For the JSHB : Mrs. I. Sen Choudhary, Advocate
th
02/Dated: 4 May 2011
1.
Notice.
2. Mrs. I. Sen Choudhary, waives notice on behalf of respondent
nos. 1 to 3.
3. Notice upon respondent no. 4 to be served under ordinary process,
for which, talbana etc. must be filed within ten days.
4. Counsel for the petitioner has ventilated so many grievances about
the cancellation of the allotted house merely because somebody else is
residing in the house allotted to the petitioner. Basically, it is prime duty
vested in respondent no. 3 to allot peaceful possession of the house in
question to the petitioner. Prima facie, it appears that initially, somebody
else i.e. respondent no. 4 was alloted the house in question. Subsequently,
it was found by respondent no. 3 that respondent no. 4 was not at all an
employee of the private entrepreneur and therefore, his allotment was
cancelled and again the house was allotted to the petitioner, but,
respondent no. 4 is still residing in the very same house for no fault of the
petitioner.
5. It appears that the petitioner was alloted the house, deposited
requisite money as per Annexure8 to the memo of the present petition.
Thus, for no fault of the petitioner, the allotment of the house has been
cancelled. Nonetheless, it is submitted by the counsel for the petitioner
that even if respondent no. 3 will allot any other house, he has no much
grievance to be ventilated in this writ petition and he is ready to withdraw
this writ petition, if another house, similar in nature with the same price,
with the same terms and conditions and without compelling the petitioner
to deposit any further amount.
6. In view of the above submissions made by the counsel for the
petitioner, I hereby, direct respondent no. 3 to explore possibility for
2.
allotment of another house to the petitioner with the same terms and
conditions upon which the earlier house was allotted to the petitioner.
This possibility will be explored by respondent no. 3 on or before the next
date of hearing.
7. Post this matter on 9th June, 2011.
(D.N. Patel, J)
VK