M.Y. Eqbal, J. - (1.) THE petitioner is aggrieved by the letters dated 10.7.2000 and 17.8.2000 issued under the signature of respondent. No. 3, Executive Engineer, Jharkhand State Housing Board. Hazaribagh whereby the respondents -denied the claim of the petitioner regarding deposit of a sum of Rs. 90,000/ - towards payment of installments for the allotment of the house.
(2.) PETITIONER 's case is that in 1989 he made an application for allotment of a house and a sum of Rs. 15,000/ - was deposited as earnest money, In 1994 allotment letter was issued by the respondents allotting MIG house No. 40 and the petitioner was further directed to deposit a sum of Rs. 71,886/ - as security deposit. Petitioner's case is that a sum of Rs. 71,886/ - was deposited by him on 24.2.95. A further sum of Rs. 90,000/ - was alleged to have been deposited on 28.2.95. On 8.9.99 an agreement was executed by the respondent -Housing Board wherein it was admitted that the petitioner deposited a sum of Rs. 1,76,686/ - out of the total consideration amount of Rs. 2,88,954/ -. However. when the petitioner inquired from the Board about the actual dues that has to be deposited by him, the Board informed the petitioner that he has deposited Rs. 86,886/ -only (Le. Rs. 15,000/ - and Rs. 71.886/ -). The Housing Board omitted 1 to mention the deposit of Rs. 90,000/ - by the petitioner on 28.2.95 against which a receipt was duly granted by the Board. The petitioner, therefore, sent Advocate's notice dated 24.6.2000 alleging, inter alia, that he deposited a sum of Rs. 1.76,886/ - which includes the deposit of Rs. 90,000/ - on 28.2.95. The Board denied and disputed the claim of the petitioner regarding deposit of a sum of Rs. 90,000/ - on the aforementioned dated. I have heard Mr. V.K. Prasad. learned counsel for the petitioner and Mrs. I. Sen Choudhary, learned counsel appearing on behalf of the respondent Housing Board and in course of argument both the counsel have referred several documents which have been annexed with their pleadings.
(3.) MRS . I. Sen Choudhary firstly drawn my attention to Annexure -2 which is the allotment order and submitted that in the allotment order it was specifically mentioned that no amount above Rs. 4,000/ - shall be accepted by the Board in cash. Learned counsel further drawn my attention to para 8 of the writ petition wherein the petitioner, although pleaded regarding deposit of a sum of Rs. 40,000/ - and Rs. 50,000/ - (total 90,000/ -) which were duly received by the then Executive Engineer, but the dates when these amounts were deposited by him have not been mentioned in the said paragraph. Learned counsel further drawn my attention to the deposit receipt dated 28.2.95 and submitted that the deposit was allegedly made as per the direction of the allotment order but, in fact, there was no direction in the allotment order for deposit of Rs. 90,000/ -. I find much force in the submission of the learned counsel.;