SHIV SHANKAR PRASAD Vs. STEEL AUTHORITY OF INDIA LTD.
LAWS(JHAR)-2004-9-83
HIGH COURT OF JHARKHAND
Decided on September 21,2004

Shiv Shankar Prasad Appellant
VERSUS
STEEL AUTHORITY OF INDIA LTD. Respondents

JUDGEMENT

M.Y.EQBAL, J. - (1.) HEARD the parties.
(2.) THE petitioner has prayed for quashing the order as contained in the letter dated 17.5.2004 issued by the respondent whereby the allotment of Plot No. KF -5 in the City Centre vide allotment order dated 21 -6.2000 has been cancelled. Fromthe aforesaid letter dated 17.5.2004 it appears that on the application filed by the petitioner in the year 1987 a plot was allotted to him in the year 1999, In terms of allotment order the petitioner had to comply necessary formalities including execution of the lease agreement. When nothing came forward from the side of the petitioner, a notice dated 21.9.02 was served upon the petitioner by the respondents. It is alleged in the impugned letter that inspite of notice the petitioner did not turn -up. Thereafter several letters and reminders were sent i.e. letter dated 6.1.2003, 23.1.2003. 5.2.2003, 24.3.2003 and subsequent letters directing the petitioner to be physically present and execute the lease agreement. When that was not done the allotment order was cancelled. On the facts for deciding the question whether the cancellation of allotment order was legal and justified or illegal this Court have to decide the following issued. (1) Whether after the issuance of allotment order the petitioner was always ready and willing to comply the formalities and executive the lease agreement (2) Whether it was because of the fault of the respondents the petitioner could not turn -up and execute the agreement. (3) If the impugned letter of cancellation is declared illegal whether the respondents may be directed by issuance of appropriate writ for the execution of the lease agreement.
(3.) IN my view this Court in the exercise of writ jurisdiction cannot decide these issues which exclusively falls within the domain of Civil Court of competent jurisdiction.;


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