Aparesh Kumar Singh, J. - (1.) Heard counsel for the petitioner and the respondent-Board.
(2.) By the impugned notice at Annexure-5 dated 16th November, 2016 bearing no.2164 issued by the respondent no.4 petitioner has been asked to remove unauthorised occupation within a period of 10 days on an area of 98.32 Sq.mtr. in Adityapur Residential Colony, Jamshedpur, failing which proceedings under the Jharkhand Housing Board Act, 2001 Section 59 would be initiated and the unauthorised construction would be removed and the cost expended therein shall also be realized. Petitioner admittedly claims allotment of a piece of land bearing no.188/2-3 as per allotment letter (Annexure-1) and agreement at Annexure-2 dated 1st October 1988 and 14th July 1994 respectively.
(3.) Petitioner contends that the plot adjacent to his plot is a cut plot. Petitioner, however, has also contended that it has not violated any of the terms and conditions of the hire-purchase agreement and has not made any alteration/encroachment. He has never used the quarter allotted to him for any commercial purposes. However, he has been surprised with the impugned notice which contains no specification as to the extent and area of the plot alleged to be encroached. Petitioner has alternatively also made prayer for directing the respondents to consider his case for allotment of cut plot situated adjacent to his residential premises in his favour as per the provisions of Jharkhand State Housing Board (Management and Acquaintance of Residential Estate) Regulation, 2004 at a reasonable rate instead of putting it for general allotment through lottery.;