- (1.) Assailing the decision of the Jharkhand State Housing Board denying the allotment of plot to either of the petitioners, as waiting list required under the Regulation Nos. 28 and 32 of the Jharkhand State Housing Board (Management and Disposal of Housing Estate) Regulation, 2004 was not prepared, a writ petition was filed seeking a direction upon the respondentJharkhand State Housing Board to consider allotment of a Middle Income Group (MIG) TypeB, Housing No. 150 situated at Harmu Housing Colony, Ranchi to the petitioners and/or alternatively, to direct the respondents to conduct lottery between the remaining two valid applicants for allotment of the abovementioned House No. 150 at Harmu Housing Colony, Ranchi.
(2.) The brief facts of the case are that, an advertisement was issued on 16.02.2010 inviting applications for allotment of plots and houses at Harmu, Argora and Bariyatu at Ranchi. Vide notice dated 10.03.2010, the applicants were required to furnish a residential certificate issued by the Circle Officer of the area besides furnishing certificate of annual income, money receipt, caste certificate etc. The petitioners submitted their applications alongwith the requisite certificates and those were found in order and accepted by the respondentJharkhand State Housing Board. For the House No. 150 besides the petitioners, one Smt. Shyama Singh also submitted her application. On 26.04.2010, the respondentHousing Board published a list of applicants whose applications were rejected being defective, one of the defects being submission of defective or improper residential certificate. In the lottery drawn on 26.04.2010 though the application of Smt. Shyama Singh was not accompanied by valid residential certificate, she was declared successful and she was allotted House No. 150 at Harmu Housing Colony, Ranchi by order dated 27.04.2010. On 10.05.2010 and 12.05.2010, the petitioner no. 2 submitted representations to the Managing Director, Jharkhand State Housing Board bringing to his notice that Smt. Shyama Singh was not eligible for participating in the lottery conducted on 26.04.2010 as she had failed to produce a proper residential certificate issued by the Circle Officer of the State of Jharkhand. Since Smt. Shyama Singh had applied under two different categories and she was allotted House No. B150 and H1250, vide her letter dated 10.05.2010 she requested cancellation of allotment with respect to House No. B150. The allotment with respect to House No. B150 was cancelled vide letter dated 05.06.2010 and the petitioner no. 2 again represented to the Managing Director, Jharkhand State Housing Board to consider his case for allotment of House No. B150, as the successful allottee namely, Smt. Shyama Singh had surrendered the allotment. The representations of the petitioners were not considered by the respondents and therefore, the petitioners approached this Court by filing the present writ petition on 29.09.2010 and the counsel for the Housing Board appeared on 13.01.2010. During the pendency of the writ petition, a second advertisement dated 25/29.06.2011 was issued inviting applications for allotment of House No. B150. The said advertisement has been challenged by the petitioners by filing amendment application being I.A. No. 6927 of 2013. Pursuant to the lottery conducted on 10.09.2011, one Raghuvansh Narayan Singh was allotted the said plot. The said allotment was challenged and a prayer for impleading him as respondent no. 4 was also made. The said Raghuvansh Narayan Singh also preferred an application being I.A. No. 6985 of 2013 for getting himself impleaded in the writ petition. Vide order dated 10.09.2013, the amendment as sought by the petitioners was allowed and Raghuvansh Narayan Singh was added as respondent no. 4.
(3.) The Jharkhand State Housing Board filed counteraffidavit dated 14.07.2011 denying that the allotment was made in violation of any rules or guidelines of the Board. However, it was admitted that Smt. Shyama Singh was allotted two houses and since only one house can be allotted to members of a family, Smt. Shyama Singh requested cancellation of allotment of House No. B150 and her request was accepted by the Housing Board.;