RAJESH SHANKAR,J. - (1.) Heard learned counsel for the parties.
(2.) The present writ petition has been filed for issuance of direction upon the respondents to transfer the allotted plot to the petitioner being a successful allottee of the Jharkhand State Housing Board (in short "Housing Board") in view of allotment letter dated 29.09.2011. During the pendency of the writ petition, the petitioner was served show cause notice vide letter dated 17.11.2016 relating to the cancellation of allotment of plot no. HAC-35 and as such the same has also been challenged by way of filing of I.A. No. 1018 of 2017.
(3.) The factual background of the case as stated in the writ petition is that the Housing Board published an advertisement dated 29.06.2011 inviting offers from the public at large for various categories of persons for allotment of plots. The petitioner submitted the application for allotment of plot in the prescribed form under the "handicap quota" and the lotteries for different categories were held on different dates. The lottery under the handicapped quota to which the petitioner had applied was held on 24.09.2011. Finally, vide order dated 29.09.2011 (Annexure-3 to the writ petition), the petitioner was allotted HIG Plot No. HAC-35 at Harmu, Ranchi under the handicapped quota. The petitioner deposited considerable amount towards the allotment of the plot, however all of sudden, Housing Board came out with the paper publication by which it stayed the allotment process though it was never informed to the petitioner. After the inquiry, the petitioner came to know that vide letter dated 21.03.2015, the Government of Jharkhand decided to cancel the lottery held on 20.08.2011 and pursuant thereto the Housing Board also cancelled the said allotment. As the petitioner's allotment was made vide lottery held on 24.09.2011, he made representation on 26.03.2015 for allotment and giving possession of the plot but the respondents sat tight over the matter. Thereafter, the respondent Housing Board vide letter dated 07.05.2015 informed the petitioner that the plot allotted to him is required by the State Government for beautification of Harmu River and sought consent of the petitioner for allotment of any alternative plot. The petitioner vide letter dated 11.05.2015 also consented to the Housing Board, however with a condition that he may be allotted any alternative plot of same area. The petitioner subsequently came to know that on 15.10.2015, he has been given a plot of 1800 sq. ft. and thus he objected to the Housing Board vide letter dated 15.12.2015 and requested inter-alia that he may be allotted a plot having an area of at least 2400-2800 sq. ft. but the respondent sat tight over the matter which gives rise to filing of the present writ petition. During the pendency of the writ petition, the petitioner filed an interlocutory application being I.A. No. 1018 of 2017 seeking challenge to the show cause notice dated 17.11.2016 issued by the Estate Officer of the Housing Board for cancellation of the allotment of HAC-35. The said I.A. No. 1018 of 2017 was allowed to be treated as the part of the writ petition.;