- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction for quashing letter dated 9.11.2006, contained in letter No. IV/AHJ -3095/5/2416/aa, issued under the signature of the. Revenue Officer, Jharkhand State Housing Board, Ranchi, contained in Annexure -13 of the writ petition, whereby and whereunder, respondent No. 4 has illegally in arbitrary exercise of power made an exorbitant demand of Rs. 4,34,318/ - (Rupees Four Lacs Thirty Four Thousand Three Hundred Eighteen Only) from the petitioner before execution of the final deed of conveyance in favour of the petitioner contrary to the terms of Hire Purchase Agreement and the respondent -Housing Board has also claimed interest even for the period during which the Housing Board cancelled the allotment of the plot in question and possession of the plot was given to the petitioner in the year 1997 after lapse of about 16 years from the date of allotment and the petitioner further prays for direction to the respondent -Housing Board to execute the final deed of conveyance in favour of the petitioner with respect to plot No. L/2 situated at Adityapur as per the terms of Hire Purchase Agreement and for which other relief(s) to which the petitioner is legally entitled to.
(2.) THE main contention raised by the counsel for the petitioner is that during the period of cancellation of allotment, no penal interest can be charged. He further submits that in fact the possession was handed over only in the year 1997 and at best respondent can charge him the penal interest for three years i.e. 1997 to 2000. I find substance in the argument and there is no dispute about the fact that there was a cancellation order issued by the respondent in the year 1982 itself which led to filing of earlier writ petition and finally the cancellation order was set aside vide order dated 26.8.1985 passed in C.W. J.C. No. 1241 of 1983(R).
(3.) THE other fact which has been brought to my attention is that an L.P.A. No. 25 of 1985(R) challenging the order of the learned Single Judge was filed by one Smt. Priti Sinha and the same was also disposed of on 16.7.1992 and thereafter the petitioner made a representation before the Managing Director, Bihar State Housing Board, Patna for giving the delivery of the possession of the land.;