M.Y.EQBAL, J. - (1.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment dated 4th March, 1994 passed in CWJC No. 1984 of 1998R whereby the learned Single Judge allowed the writ petition filed by the petitioners (respondents herein).
(2.) THE petitioner -respondents herein, filed the aforementioned writ petition seeking a writ for quashing that portion of the allotment letter (annexure 5) whereby the appellants -Bihar State Housing Board (shortly the Board) fixed the price of the flats as on 30.6.1992 and directed the respondents (appellants herein) to reduce the price of the flats of the weaker section income group (i.e., Janta flats built at Harmoo, Ranchi). The writ petitioners also sought a direction upon the Board to make necessary repairs of the said flats and to execute agreement pursuant to the allotment letters as contained in annexure -5 to the writ petition. Petitioners' -respondents' case, inter alia, was that in 1974, 360 Janta flats were constructed by the respondent -Board. In 1980 the Board made allotment of some of the said flats to different persons at a price of Rs. 11,000.00. However, as some of the Janta flats remained unallotted, the Board issued fresh notice inviting applications for allotment of 275 Janta flats vide notice published in the newspaper dated 28.8.1988. In response to the said notice, the writ petitioners -respondents applied in September, 1988 for allotment of the said flats along with a deposit of Rs. 2500.00 as earnest money. Further case of the respondents -writ petitioners is that even after the said notice, in the year, 1991 some allotment of Janta flats was made and Rs. 37,640.80 was fixed as disposal price. In May, 1992 Rs. 61,120/0 was fixed as price of the said flats and the petitioners -(respondents herein) were directed to deposit Rs. 9,924.00 within 30 days and, thereafter to execute agreement. As per the terms and conditions of the said allotment, the writ petitioners were required to deposit Rs. 518.00 and 595.00 per month with the respondent - Board by way of monthly installments. Petitioners' case was that they belong to economically weaker section of the society and those flats were constructed for the weaker section. It was stated that for such flats which are not worth living, the petitioners have been asked to deposit Rs. 518.00 and 595.00 per month. Petitioners, therefore, prayed for reducing the price fixed by the - Board.
(3.) THE respondents -Board contested the case by filing counter affidavit stating, inter alia, that in 1980 price of the said flats was fixed at Rs. 11,000.00 which was the tentative one and in August, 1987 the price on re -calculation was fixed at Rs. 37,640.80. Respondents' further case was that the price of the flats was fixed in the light of the observation of this Court made in CWJC No. 1779/89R. It was stated by the Board that those flats were constructed by the Board after taking loan with high interest from various financial institutions and, as such, final costing of the houses/flats depends on the interest to be paid by the Board to such financial institutions.;