S.J.MUKHOPADHAYA, J. - (1.) THE writ petition was preferred by the petitioner against the order dated 5th/6th October, 2001 whereby the 3rd respondent Deputy Manager (Estate), Town Administration Division, HEC, Ranchi cancelled the offer letter as was issued in favour of petitioner on 7th July. 2001.
(2.) THE case of the petitioner is that the respondents allotted quarter No. (T) 8 for long term lease with the petitioner in pursuance of applications invited in the year 1998. The petitioner had deposited the earnest money of Rs. 6000/ - on 13th October, 1998 and one time premium of Rs. 1,18,252/ - vide challan dated 18th July, 2001 and receipt thereof granted in favour of petitioner on 19th July. 2001, but it was not handed over, there being unauthorised occupants of the quarters. It is alleged that subsequently by impugned order dated 5th/6th October, 2001, the 3rd respondent cancelled the offer dated 7th July, 2001 in pursuance of which they accepted one time premium of Rs. 1,18,252/ - without any basis and without notice to the petitioner and allotted the said quarters in favour of the 4th Respondent, Kuldeep Singh, though he was not the applicant. On appearance, the respondents took plea that the petitioner could not get the Quarters vacated from the unauthorised occupants so it was allotted in favour of the 4th respondent Kuldeep Singh. When it was brought to the notice of Mr. M. Upadhaya, Chief of Township of M/s. HEC. Ranchi on 10th April. 2002. he orally accepted that it was not the duty of the petitioner to get the quarters vacated and accepted the mistake. In this background, the Respondents were directed to file affidavit as to whether they intend to give some suggestion to accommodate the petitioner in some similar quarters or not.
(3.) A supplementary affidavit has been field on behalf of the 2nd respondent, sworn by Mr. M. Upadhyay. Chief of Township, in which it is accepted that the 4th respondent was subsequently allotted the quarters. namely. B(T) 8. vide order dated 8th October. 2000. wherein the 4th respondent is residing. Proposal has been given by the Respondents to provide a suitable/equivalent accommodation to the petitioner in a similar type of Quarters bearing Quarters No. B -60(T) earmarked for long term lease and stated that the petitioner will be provided with vacant possession of the said Quarters within a period of 45 days. The petitioner who was present in Court on 25th April, 2002, orally accepted the offer.;