- (1.) AGGRIEVED by order dated 08.12.2012 whereby, the claim of the petitioner for allotment of cutplot (waste land) at Adityapur, Jamshedpur has been rejected, which has been allotted to one Sri Ram Singh vide allotment letter no. 2117/A on 13.10.2011, the present writ petition has been filed.
(2.) THE writ petitioner claims himself an allottee of house no. 331/21 at Adityapur, which was allotted to him vide allotment letter dated 31.12.2008. The adjacent plot which is a cutplot is required to be allotted to the petitioner in terms of Rule 30 (Ga) of the Jharkhand State Housing (Residential Estate Management and Settlement) Regulation, 2004 and therefore, the petitioner made representation to the respondentBoard. However, the said plot was not allotted to him. Compelled, the petitioner approached this Court in W.P.(C) No. 395 of 2012 which was disposed of with a direction to the respondentBoard to consider the representation of the petitioner and pass an appropriate order, in accordance with law. Pursuant to order dated 17.04.2012 in W.P.(C) No. 395 of 2012, the petitioner's representation was considered and it has been rejected.
(3.) MR . A. K.Das, the learned counsel for the petitioner submits that Rule 30 (Ga) of the 2004 Regulation provide that cutplot should be allotted to the owner/allottee of the adjacent house/plot. The petitioner has been agitating for allotment of adjacent cutplot to him however, his claim has illegally been denied. Referring to order dated 08.12.2012, the learned counsel for the petitioner submits that the representation of the petitioner has been rejected on erroneous presumption that the petitioner is not allottee of the adjacent plot. As against the above, Mr. Sachin Kumar, the learned counsel for the respondentJharkhand State Housing Board submits that neither in his representation dated 14.09.2012 nor in the writ petition, the petitioner has given description of the alleged cutplot, adjacent to his house. It is the specific stand of the respondentBoard that the plot for which the petitioner submitted representation is a regular plot, for which draw of lottery was conducted and allotment for the said plot has been made in favour of one Shri Ram Singh vide allotment letter no. 2117/A dated 13.10.2011. It is submitted that since the W.P.(C) No. 395 of 2012 was disposed of, at the admission stage itself and no counteraffidavit was filed on behalf of the respondentBoard, the said fact could not be brought to the notice of this Court.;