RIZWAN AHMAD Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-12-127
HIGH COURT OF JHARKHAND
Decided on December 10,2015

Rizwan Ahmad Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

Chandrashekhar, J. - (1.) In all the writ petitions decision of the State of Jharkhand dated 21.3.2015 and the decision of the Jharkhand State Housing Board in its 40th Meeting held on 7.4.2015 have been impugned by the petitioners. The learned counsel for the petitioners submits that in all the writ petitions, a common question of law is involved. The main challenge of the petitioners is to the decision taken by the State Government which was communicated to the Managing Director, Jharkhand State Housing Board vide letter dated 21.3.2015. The learned counsel appearing for the parties agreed that W.P. (C) No. 1346 of 2015 may be taken up as the lead case.
(2.) Heard the learned counsel for the parties.
(3.) Mr. Anil Kumar Sinha, the learned senior counsel appearing for the petitioners in W.P. (C) No. 1346 of 2015 leading the argument submits that the impugned order dated 21.3.2015 suffers from serious infirmity in law besides, it discloses serious errors of record, it is submitted that the lottery conducted pursuant to advertisement published on 29.6.2011 was captured in the video and, the Housing Board has asserted that the procedure as laid down under the Regulations were duly followed. On complaints received the Government, a 4-Man Enquiry Committee was constituted which submitted reports holding that no irregularity was found in the allotments. It is further submitted that the Managing Director Jharkhand State Housing Board also sent reports confirming that the allotments were made strictly in terms of the Housing Board Act, Rules and Regulations framed thereunder. The learned senior counsel alleging mala fide on the part of the private respondents challenges the Government decision dated 21.3.2015, actuated with malice in law. It is contended that the right of the allottees which has concertised in law, has been taken away by the State Government on a spacious plea that serious irregularities have been found in a subsequent enquiry.;


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