IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2446 of 2011
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Dilip Kumar Rathore ... Petitioner
Versus
Jharkhand State Housing Board & ors. ... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the petitioner : Mr. Himanshu Kr. Mehta, Advocate
For the Housing Board : Mr. Sachin Kumar, Advocate
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Order No. 02: Dated 9 May, 2011
Per D.N.Patel, J.
1. Learned counsel for both the sides jointly submitted that the allotment of
the house, in question, to the petitioner was initially made in the year, 1986 and
the petitioner is residing since 1993. However, certain conditions of the allotment
not having been fulfilled, the petitioner has to file the instant writ petition, mainly
for registration of the deed in favour of the petitioner and it is submitted that there
is already an arbitration clause, especially Clause 25 of the Hire Purchase
Agreement.
2. It is further submitted by the learned counsel for the respondents that the
post of Arbitrator is already referred as Managing Director of Jharkhand State
Housing Board and, as such, let this writ petition be treated as an application
before the Arbitrator, who will decide the claim of the petitioner within the
stipulated time.
3. In view of the aforesaid limited submission, I hereby direct the Managing
Director of the Jharkhand State Housing Board, Ranchi to be appointed as an
Arbitrator to decide the claim of the petitioner in this writ petition. This writ
petition will be treated as an application before the aforesaid Arbitrator and the
decision will be given by the Arbitrator within a period of three months from the
date of receipt of a copy of the order of this Court. The Arbitrator will hear the
petitioner or his representative and will decide the claim of the petitioner.
4. Learned counsel for the respondents very fairly submitted that till then,
they are not going to disturb the possession of the petitioner, upon the property, in
question.
5. In view of the aforesaid observations, this writ petition is disposed of.
( D.N. Patel, J. )
A.K.Verma/