S.J.MUKHOPADHAYA, J. - (1.) AS both the cases relate to flats of Jharkhand State Housing Board, Harmu Housing Colony, P. S. Argora, Town and District -Ranchi, they were heard together and are being disposed of by this common judgment.
(2.) W .P.(C) No. 3376 of 2002 has been preferred by Ram Jiwan Das for issuance of writ/order/direction including writ of mandamus on the respondents to execute the 'final Conveyance Deed ' transferring the absolute ownership of the premises, comprising of house and land No. H1 -163, Harmu Housing Colony, P.S. Argora, District - Ranchi without imposing unlawful, unreasonable and arbitrary conditions as per the prospectus as was issued by the Bihar State Housing Board, Patna., Further prayer has been made to direct the respondents to refund the over payment made by petitioner to the tune of Rs. 41,647/ - with interest. In W.P. (C) No. 5587 of 2002, the petitioner, Suresh Chandra Verma has challenged the letter No. 206, dated 31st August, 2002 issued by the Managing Director, Jharkhand State Housing Board, Ranchi, whereby and whereunder the allotment of rental Flat No. R -9/2, Harmu Housing Colony, P.S. Argora, Town and District -Ranchi earlier allotted to the petitioner has been cancelled. Before discussing the individual case of petitioners, it is desirable to discuss certain common facts as noticed and stated hereunder. Initially the Government of Bihar from its department of Housing and Building Construction used to frame scheme to provide shelter to the Government servant and other people by constructing flats/houses. Subsequently, with a view to implement social housing scheme, the Bihar State Housing Board was constituted by Government of Bihar Ordinance No. 101/91 followed by the Bihar State Housing Board Act, 1982. The flats/houses, which were earlier constructed and in the control of the department of Housing and Building Construction, Government of Bihar, were also transferred under the control of Bihar State Housing Board. Subsequently, on re -organisation of the State of Bihar in pursuance of Bihar Re -organisation Act, 2000 and creation of successor State of Jharkhand, the Government of Jharkhand enacted Jharkhand State Housing Board Act, 2000 and constituted a Jharkhand State Housing Board. The flats/houses within the territory of Jharkhand which belonged to Bihar State Housing Board, whether the same stands transferred under the control of Jharkhand State Housing Board or not is pending consideration before the competent Court of law and the Central Government, therefore, It is not required to decide such issue in both the cases.
(3.) ACCORDING to petitioner, Ram Jiwan Das (W.P.(C) No. 3376/02), House No. H 1 -163, Harmu Housing Colony, P.S. Argora, Town and District -Ranchi was allotted to him by the Bihar State Housing Board vide letter No. 2718 dated 10th December, 1983. He initially paid Rs. 16,400 as initial payment against 20% of the total cost of the house i.e. Rs. 82,000/ -. The Bihar State Housing Board subsequently executed an agreement of higher purchase on 7th July, 1987 showing therein the terms and conditions. As per the allotment and agreement, rest of the amount was paid back in maximum 180 monthly equal installments. The possession of House No. H 1 -163, Harmu Housing Colony, Ranchi in the meantime given to him and he had completed all the above formalities, paid all the dues as demanded by the Bihar State Housing Board and has registered all the deeds as per the decision of the respondents. Thereafter, though he (Ram Jiwan Das) written to Housing Board for transfer of the house premises through conveyance deed vide letter dated 5th March, 2001 and the Land Resources Officer (Bhu Sampoda Padadhikari) of Bihar State Housing Board, Patna vide its letter dated 31st March, 2001 directed the Executive Engineer, Housing Board, Ranchi to furnish the payment details of house for final valuation but till date, the final conveyance deed has not been executed in favour of him. The petitioner, Ram Jiwan Das further claims to have represented the matter before the Managing Director, Jharkhand State Housing Board, Ranchi. According to petitioner, Suresh Chandra Verma (W.P.(C) No. 5587/02), the Flat No. R - 9/2 situated at Harmu Housing Colony, P.S. Argora, Town and District -Ranchi was lawfully allotted to him on 9th October, 1969 by the department of Housing and Building Construction, Government of Bihar as per the scheme to provide shelter to the Government servant and other people. It has been wrongly cancelled by the Managing Director, Jharkhand State Housing Board by letter No. 206 dated 31st August, 2002 without giving him an opportunity to be heard. The respondents in violation of terms and conditions and tenancy, as stipulated/contained in the agreement, cancelled the order of allotment, duly executed between the department of Housing, Government of Bihar. The action is amount to be arbitrary, malafide, without application of mind and in violation of rules of natural justice. ;