Jharkhand High Court
Smt. Jayanti Devi vs The Jharkhand State Housing Board ... on 18 February, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W.P.(C) No. 4196 of 2019
Smt. Jayanti Devi .... .. ... Petitioner(s)
Versus
The Jharkhand State Housing Board & Ors. .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :- Video Conferencing)
.........
For the Petitioner : Mr. Arvind Kumar Choudhary, Advocate
For the respondent/JSHB : Ms. Surabhi, learned AC
to Mr. Sachin Kumar, Advocate
......
06/ 18.02.2022.Heard, learned counsel for the parties.
Mr. Arvind Kumar Choudhary, l earned counsel for the petitioner has
submitted that in the Writ Petition vide W.P.(C) No.7517 of 2013 preferred by one
Sanjay Kumar Prasad [S/o Late Babu Lal Prasad, resident of House No.244/2-4,
Adityapur Housing Colony, Road No.6, Adityapur-2, P.O. Adityapur, P.S. RIT,
District Seraikella- Kharsawan, Jharkhand] in which the petitioner [ Smt. Jayanti
Devi] in the instant Writ Petition being the sister-in-law was respondent no.5, the
Hon'ble Court vide order dated 29.01.2016 was pleased to direct that the writ petition
stands disposed of with direction to the parties to maintain status-quo. The petitioner
and the respondent no.5 may either amicably settle their dispute or the petitioner may
approach the civil court for partition. In the event, if the parties arrive at a settlement,
the respondent- Housing Board shall take necessary decision in the matter for allotment
of House No.244/2-4.
Learned counsel for the petitioner, Mr. Arvind Kumar Choudhary, has further
submitted that pursuant thereto without any valid judgment passed by the competent
civil court or settlement arrived between the parties, the Secretary, Jharkhand State
Housing Board in its 57th meeting held on 28.02.2019 at Agenda No.10, cancelled
the Allotment order no.3277 dated 29.11.2012 in the name of Smt. Jayanti Devi for
House No.244/2-4 and continued the same with the name of Late Babulal Prasad
who was allotted vide Allotment order No.45/Aa, dated 12.01.1990.
Learned counsel for the petitioner has further submitted that as per the
settlement between the parties, the house was allotted to the petitioner (Smt. Jayanti
Devi) and the job was given to one Sanjay Kumar Prasad because of death of
Babulal Prasad. The same was challenged before this Court in W.P.(C)
no.7517/2013 and this Hon'ble Court has directed to maintain the status quo,
directing the petitioner and the respondent no.5 either to amicably settle their
disputes or the petitioner may approach the competent civil court for partition. There
was no occasion for the Housing Board to reverse the same when the same
was properly placed before the Court. As such, it seems that the Secretary,
Jharkhand State Housing Board is behaving like a superior officer than the High
Court.
Ms. Surabhi, learned AC to Mr. Sachin Kumar, learned counsel for the
Jharkhand State Housing Board has sought adjournment of this case so as to file
counter-affidavit in this matter.
List this case in the next week under the heading 'For Admission' enabling
the Secretary, Jharkhand State Housing Board to file an affidavit in person.
Till any order is passed in the instant Writ Petition, the status quo shall
continue as it was directed on 27.01.2016 passed in W.P.(C) no.7517 of 2013.
(Kailash Prasad Deo, J.)
Sandeep/
