M.Y.EQBAL - (1.) IN this writ application the petitioner has prayed for issuance of appropriate direction upon the respondents to consider the case of the petitioner for allotment of LIG House at the rate prevailing in April. 1093.
(2.) THE petitioner is a government servant. The Building Construction and Housing Department, Government of Bihar issued a letter No. 693 dated 21st April, 1993 addressed to respondent No. 2, the Managing Director, Bihar State Housing Board (in short Housing Board) whereby, in terms of the provisions of Clause 10(2)(chh) of the Bihar State Housing Board (Management and Disposal of Housing Estate) Regulation communicated the decision of the Government for allotment of different nature of flats in favour of the employees including the petitioner. Petitioners case is that, in term of the decision communicated by the aforesaid letter, the petitioner applied in prescribed form for allotment of LIG flat and deposited the required sum by way of earnest money besides registration fee etc. the said application was forwarded to the Estate Manager, Patna for further action in the matter with an intimation to the petitioner. By letter dated 21.10.1996, Deputy Secretary. Building Construction and Housing Deptt. Government of Bihar, also requested respondent No. 2 to take immediate action for allotment of LIG house out of Government quota to the petitioner. It is stated that the Executive Engineer of the Housing Board issued a letter dated 2.7.1998 stating the present position with a map of LIG house No. LRA -1 which was proposed to be allotted to the petitioner. In -spite of that the allotment was not made in favour of the petitioner. The petitioner then submitted his representation dated 10.2.1999 requesting respondent No. 2 to consider his case for allotment. The petitioner also sent legal notice dated 10.3.1999. The Deputy Secretary, Building Construction and Housing Deptt. Government of Bihar also requested respondent No. 2 to apprise him about the steps taken with regard to allotment of LIG house in favour of the petitioner. The Estate Manager, however, by letter dated 26.6.1999 asked the petitioner to await the decision of the Housing Board. The petitioner again made representation before the respondents and the Minister -in -Charge but no action was taken for allotment of flat in favour of the petitioner.
(3.) IN the counter affidavit filed by the respondents it was admitted that in 1993 the Government had decided to allot one LIG flat to the petitioner and for that prescribed forms and other relevant documents were submitted by him. However, it is stated that the department of Cabinet Secretariat, Government of Bihar, vide notification No. 3215 dated 4.9.1998, rescinded the provisions of Section I0(2)(chh) of the Bihar State Housing Board (Management of Disposal of Housing Estates) Regulation. 1983 with immediate effect. A copy of the notification has been annexed as Annexure A to the counter affidavit. It is further stated that the decision of the Government had been communicated to the petitioner through respondent No. 3 vide letter dated 26.2.1999.;