Srikant Singh vs The State Of Jharkhand
2025 Latest Caselaw 4583 Jhar

Jharkhand High Court

Srikant Singh vs The State Of Jharkhand on 7 April, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                                        2025:JHHC:10633




     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                W.P. (C) No.1562 of 2025
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Srikant Singh, S/o Late Indradev Singh, H. No.65000A5, Nirmal Nagar, near Durga Mandir, Majhitola, Adityapur, P.O. & P.S.-Adityapur, District-Seraikella-Kharsawan.

.......... Petitioner.

-Versus-

1. The State of Jharkhand

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

3. The Secretary, Jharkhand State Housing Board, Harmu, Ranchi.

4. Executive Engineer, Jharkhand State Housing Board, Adityapur, Seraikella-Kharsawan.

5. Revenue Officer, Jharkhand State Housing Board, Harmu, Ranchi.

.......... Respondents.

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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Anish Kumar Mishra, Advocate For the Res.-JSHB : Mr. Sachin Kumar, Advocate Mrs. Sweta Shukla, Advocate

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Order No.03 Date: 07.04.2025

1. The present writ petition has been filed for quashing the

letter no.05/AA.-229/12/799/AA, dated 1st October, 2024

(Annexure-7 to the writ petition) issued under the

signature of the respondent no.5-Revenue Officer,

Jharkhand State Housing Board, Harmu, Ranchi, whereby

the petitioner has arbitrarily been directed to deposit an

amount of Rs.34,63,107/- towards balanced amount along

with compound interest with respect to the price of Plot

No.M-1, Adityapur, District-Seraikella-Kharsawan allotted

to him vide allotment order as contained in memo

no.2172, dated 13th October, 2011, the possession of

which was handed over to him on 17th January, 2024 in

compliance of the order dated 15th December, 2023

2025:JHHC:10633

passed in Cont. Case (Civil) No.813 of 2021 and order

dated 7th January, 2020 passed in W.P. (C) No.3970 of

2014.

2. Learned counsel for the petitioner submits that an amount

of Rs.34,63,107/- demanded from the petitioner vide

impugned letter no.05/AA.-229/12/799/AA, dated 1st

October, 2024 which also contains compound interest is

completely arbitrary and illegal as the petitioner had

already deposited Rs.5,20,000/- out of total consideration

amount of Rs.8,64,717/- and the balance amount was

deposited by him on 9th February, 2024 i.e., after the

possession of the said plot was handed over to him on

17th January, 2024. Hence, the compound interest levied

over the alleged balanced amount is not payable by the

petitioner.

3. It is also submitted by learned counsel for the petitioner

that the issue raised in the present writ petition is

squarely covered by the order/judgment dated 23 rd

August, 2024 passed in W.P.(C) No.4790/2023 [Vijay

Shankar Jha Vs. the State of Jharkhand & Ors.] and other

analogous cases. Hence, the present writ petition may be

disposed of in terms with the aforesaid order/judgment.

4. Reference may be made to the order dated 2 nd April,

2025, whereby learned counsel for the respondent-

Jharkhand State Housing Board was granted an

adjournment to verify as to whether the present case is

2025:JHHC:10633

covered by the aforesaid judgment rendered in the case

of Vijay Shankar Jha (supra).

5. Mrs. Sweta Shukla, learned A.C. to Mr. Sachin Kumar,

Advocate, appearing on behalf of the respondent-

Jharkhand State Housing Board, on instruction, submits

that the present case is covered by the order/judgment

passed in the case of Vijay Shankar Jha (supra).

6. Considering the aforesaid submission of learned counsel

for the petitioner as well as the respondent-Jharkhand

State Housing Board, the present writ petition is disposed

of in terms with the order/judgement dated 23rd August,

2024 passed in the case of Vijay Shankar Jha (supra)

particularly paragraph nos.20, 21 & 22 of the same.

(Rajesh Shankar, J.) Vikas/