- (1.) Aggrieved by order dated 21.3.2015 and also seeking quashing of order contained in letter dated 12.7.2013, the, present writ petition has been filed by six persons who applied for allotment of plot/flat/house pursuant to advertisement dated 25.6.2011, issued by the Jharkhand State Housing Board. The petitioners have averred that they paid 10% of the total price for the plot/flat/house allotted to them pursuant to draw of lottery held on 20.8.2011. The allotment order was issued on 10.9.2011 and thereafter, the petitioners made payment of additional 15% of the total consideration amount. It is further submitted that thereafter, the petitioners have paid the entire consideration amount. In the writ petition serious allegations against respondent Nos. 9 and 10 have been made.
(2.) The learned Senior Counsel for the petitioners submits that after Agreement was executed between the parties, allotment made in favour of the petitioners can be cancelled only on the ground of breach of conditions of allotment or on the ground of misrepresentation or fraud played by the petitioners. It is submitted that the allotment in favour of the petitioners can be cancelled by the lessor which is the Jharkhand State Housing Board and not the State of Jharkhand which is not a privy to the Agreement between the parties. Referring to Section 15(c) of the Bihar Housing Board Act, 1982 (which was adopted by the State of Jharkhand), the learned Senior Counsel for the petitioners submits that no irregularity is indicated in the impugned order dated 21.3.2015 which would fall under the expression "serious infirmity warranting cancellation of the allotment".
(3.) As against the above, the learned counsel for the respondent-State of Jharkhand submits that in view of the enquiry conducted in the matter, when gross irregularities in lottery and allotment of plot/flat/house were detected, a decision was taken to cancel the entire allotment and make fresh allotments. The said decision has been taken in larger public interest and therefore, requires no interference by this Court.;