Jharkhand High Court
Jawahar Paswan vs The Jharkhand State Housing Board on 10 January, 2025
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 5092 of 2022
Jawahar Paswan, Son of Late Lagandeo Paswan,
Aged about 60 years, Resident of H82, Argora
Housing Colony, Argora, P.O. Doranda, P.S. Argora
and District-Ranchi.
..... ... Petitioner
Versus
1. The Jharkhand State Housing Board, through its
Secretary having its office at Harmu, P.O. Doranda,
P.S.- Argora and District-Ranchi.
2. The Managing Director, Jharkhand State
Housing Board having its office at Harmu, P.O. -
Doranda, P.S.- Argora and District - Ranchi.
3. The Executive Engineer, Jharkhand State
Housing Board having its office at Harmu, P.O. -
Doranda, P.S.- Argora and District - Ranchi.
..... ... Respondents
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Ms. Aprajita Bhardwaj, Advocate.
For the Housing Board : Mr. Sachin Kumar, Advocate.
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06/ 10.01.2025 This matter has been assigned by Hon'ble the Chief Justice
to this Court, that's is how, this writ petition has been listed before this
Bench.
2. Heard learned counsel appearing for the petitioner and
learned counsel appearing for the respondents-Jharkhand State Housing
Board.
3. Prayer in this writ petition is made for quashing of the order
dated 15.04.2015, passed by the Managing Director, Jharkhand State
Housing Board, whereby the allotment of House No. H/82, Argora
Housing Colony, Argora, Ranchi, allotted vide letter No. 265/A dated
02.09.2002 on the rental scheme has been cancelled.
4. Learned counsel appearing for the petitioner submits that
the said house was allotted to the petitioner by the Executive Engineer
on the rent basis. She draws the attention of the court towards the order
of the learned Single Judge as well as the order of the Division Bench
during that period when the State of Jharkhand was bifurcated from the
State of Bihar and by way of referring those judgments, she submits
that certain arrangement was made by the learned Single Judge as well
as the Division Bench with regard to the dispute of the Bihar State
Housing Board as well as the Jharkhand State Housing Board. She
further submits that the matter was travelled up to the Central
Government, pursuant to the direction of the High Court and the
Central Government has given the liberty to the Jharkhand State
Housing Board to make allotment on rental basis, till the dispute is
settled. She submits that in light of the above, said house was allotted to
the petitioner in accordance with law, however, by the impugned order,
the same has been cancelled on erroneous ground. On these grounds,
she submits that the said impugned order may kindly be quashed.
5. Per contra, learned counsel appearing for the respondents-
Jharkhand State Housing Board draws the attention of the court to the
counter affidavit and by way of referring para-8 of the said affidavit, he
submits that the house in question is earmarked for allotment on hire-
purchase basis and was to be allotted by the Board in terms of Rules
framed under the Jharkhand State Housing Board Act, 2000 and
Regulations (2004) through lottery, but the allotment letter was issued
by the then Executive Engineer, Ranchi Division, without approval of
the Board on monthly rent basis, which was not proper and thus,
invalid. He then submits that the Executive Engineer has no authority to
allot the house without approval of the Board, therefore, the allotment
shown by the Petitioner in his writ petition is simply not valid and the
same has been cancelled by the Board vide the 40th Board Meeting
dated 07.04.2015 and the same has also been communicated to the
Petitioner. He further submits that in light of Clause-8 of the improperly
executed rent agreement, the petitioner has anyway undertaken to
vacate the house in question as and when the Board serves notice upon
him. He further submits that this controversy is also the subject matter
before the co-ordinate Bench of this court in W.P.(C) No. 4557 of 2021,
however, the same was rejected by order dated 16.02.2022. He further
submits that identical issue has further been considered by the Division
Bench of this court pursuant to the order dated 19.12.2022, passed by
the learned Single Judge in W.P.(C) No. 4870 of 2022, in L.P.A. No.
256 of 2023 by order dated 10.09.2024. By way of referring the said
judgments of the learned Single Judge as well as the Division Bench, he
submits that the issue in question has already been settled and in view
of that, no relief can be granted to the petitioner.
6. It is an admitted position that the Executive Engineer has
allotted the house in question to the petitioner and in light of the Rule,
he is not the competent authority to allot the same and only the Board
can take a decision to allot the same. It was pointed out that the said
house was meant for allotment on hire-purchase basis and was to be
allotted by the Board in terms of Rules framed under the Jharkhand
State Housing Board Act, 2000 and Regulations (2004) through lottery,
however, illegally the same was allotted to the petitioner by the
Executive Engineer, who is not the competent authority and this aspect
of the matter has already been considered by the Division Bench of this
court.
7. In course of the argument, learned counsel appearing for the
respondent-Jharkhand State Housing Board has relied upon a
notification dated 17.03.2017 of the Government of Jharkhand with
regard to regularization of the illegal occupants. This notification was
also considered by the Division Bench in the aforementioned LPA,
being L.P.A. No. 256 of 2023. It transpires from the order of the
Division Bench in para-41 that the said scheme was only meant for six
months. The petitioner has not been able to show that any endeavour
has been taken for the purpose of compliance of said scheme and
identical was the situation in the aforesaid LPA and the consideration
was there in paras-41 and 42 of the said LPA court's order.
8. The present writ petition is fully covered in light of the two
judgments, relied by the learned counsel appearing for the Jharkhand
State Housing Board. As such, no relief can be extended to the
petitioner. Accordingly, this writ petition is dismissed. Pending I.A., if
any, stands dismissed.
9. However, in light of the observation made in para-47 of the
aforementioned LPA Court's court, the petitioner is put at liberty to the
effect that if any decision will be taken with regard to the regularization
of the quarters by the Jharkhand State Housing Board, the petitioner can
approach the Board.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
