Ghanshyam Prasad vs The State Of Jharkhand
2023 Latest Caselaw 98 Jhar

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           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P.(C) No. 186 of 2021
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       Ghanshyam Prasad                          ...    ...     Petitioner
                                       Versus
       1. The State of Jharkhand

2. The Secretary, Department of Urban Development and Housing, Government of Jharkhand, Ranchi

3. Jharkhand State Housing Board through its Managing Director, Harmu, Ranchi

4. Managing Director, Jharkhand State Housing Board, Harmu, Ranchi

5. The Executive Engineer, Jharkhand State Housing Board, Harmu, Ranchi .... ... Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Sourav Arun, Advocate For the Resp. Nos. 1 & 2 : Mr. Vijyant Verma, A.C. to A.A.G.-IV For the Resp. Nos. 3 to 5 : Mr. Gaurav Raj, A.C. to Mr. Sachin Kumar, Advocate

Order No. 06 Dated:04.01.2023

The present writ petition has been filed for issuance of direction upon the respondents to consider the petitioner's representation dated 07.08.2020 for regularizing HIG House No.- S.F.S.- 97, Harmu Housing Colony, Ranchi allotted to him on monthly rental basis as he is legal occupant of the same and while considering the case of the petitioner for regularizing the said house, the rate should be charged as was prevailing in the year 2011 and also in terms with the judgments passed in C.W.J.C. No. 2606/2012 along with other analogous cases, C.W.J.C. No. 610/1999(R), C.W.J.C. No. 684/1999(R), W.P.(C) No. 984/2013 with W.P.(C) No. 993/2013 and W.P.(C) No. 5071/2009. The petitioner has also prayed for issuance of direction upon the concerned respondents to act in terms of their own decision of giving houses/flats on hire purchase basis to those allottees who are residing on rent.

2. During pendency of the present writ petition, the petitioner has filed I.A. No. 11599 of 2022 for bringing on record the letter as contained in memo no. 1593 dated 04.11.2022 issued by the respondent no. 5- Executive Engineer, Jharkhand State Housing Board (JSHB), Ranchi to the Sub-Divisional Officer, Sadar, Ranchi whereby request has been made for deputing magistrate and sufficient police force for evicting the illegal occupants of the flats/houses of the JSHB which includes the petitioner. By way of said interlocutory application, the petitioner has also sought

challenge to the said letter.

3. It has been averred by the petitioner in the said interlocutory application that he has already preferred Appeal No. 16 of 2022 under Section 60 of the Jharkhand State Housing Board Act, 2000 (in short, "the Act, 2000") before the Joint Secretary, Department of Urban Development and Housing, Government of Jharkhand-cum-Appellate Authority challenging the order dated 22.08.2022 passed by the competent authority, JSHB in Eviction Case No. 92 of 2015 which is still pending adjudication. A copy of letter no. 3864 dated 10.11.2022 issued by the appellate authority to the concerned parties including the petitioner directing them to appear before him, has also been annexed as Anneuxre- 22 to the said interlocutory application.

4. Considering that the appeal preferred by the petitioner under Section 60 of the Act, 2000 against the order dated 22.08.2022 passed by the competent authority, JSHB in Eviction Case No. 92 of 2015 is presently pending before the Joint Secretary, Department of Urban Development and Housing, Government of Jharkhand-cum-Appellate Authority, this Court is not inclined to entertain the present writ petition on merit at this stage. The petitioner is, however, at liberty to pursue the said appeal before the appellate authority. Since the petitioner has apprehension of his eviction from the house in question as per letter dated 04.11.2022 issued by the respondent no. 5 to the Sub-Divisional Officer, Sadar, Ranchi, he is also at liberty to prefer an application before the appellate authority seeking interim relief. If such an application is filed, the appellate authority will take up the same expeditiously and pass appropriate order on its own merit.

5. The writ petition is disposed of with aforesaid liberty and direction.

6. I.A. No. 11599 of 2022 also stands disposed of.

(Rajesh Shankar, J.) Ritesh/