AMARESHWAR SAHAY, J. - (1.) HEARD the learned counsel for the parties.
(2.) THE Bihar State Housing Board by issue of Annexure 1 dated 22.9.1994 allotted the plot of land No. M/222 measuring an area of 1440 square ft. situated at Dindly, Adityapur, Jamshedpur in favour of the petitioner. As directed by the Housing Board, the petitioner deposited 30% of the total price amounting to Rs. 22,296/ - and balance of the amount was to be paid in 60 monthly installments as fixed by the Board. Subsequently, a Hire Purchase Agreement was executed between the petitioner and the Housing Board which was registered on 5.12.1994. It is stated that after registration of the Hire Purchase Agreement on 5.12.1994 a total sum of Rs. 40,000.00 was deposited by the petitioner with the Board against the price of the said plot of land allotted to him. It is further stated that 5.3.1996 was the fixed date, for giving delivery of possession of the said plot of land in question which was allotted to the petitioner but the delivery of possession of the said plot of land in question could not be effected as the said land was illegally occupied by some other persons. Thereafter, the petitioner made representation to the Executive Engineer, Bihar State Housing Board stating therein that either he may be delivered a vacant piece of land or the amount deposited by him be refunded with interest, but no action has been taken and ultimately this writ petition has been filed.
(3.) ON behalf of the respondents No. 3 to 5, a counter affidavit has been filed. The learned counsel for the Board submitted that the petitioner should have represented the Managing Director of the Bihar State Housing Board for the relief sought for in this writ petition but that has not been done by him. It is further stated that since there is a provision for arbitration in the agreement executed between the parties, therefore, the matter may be referred to the Arbitrator to resolve the dispute.;