Jharkhand High Court
Prayag Narayan vs The State Of Jharkhand And Ors on 2 August, 2016
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P.(C) No. 5275 of 2014
........
Prayag Narayan .......... Petitioner
Versus
1. The State of Jharkhand
2. Executive Engineer, Housing Board, Adityapur, District
Saraikella-Kharsawan
3. Managing Director, Housing Board, Harmu, District Ranchi
4 Revenue Officer, Housing Board, Harmu, District Ranchi.
........ Respondents
........
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
...
For the Petitioner : Mr. Mokhtar Ahmed, Advocate
For the State : Ms. Aanya, J.C. to G.P.V
For the Housing Board : Mr. Sachin Kumar, Advocate
...
04/02.08.2016: Heard learned counsel for the parties.
Petitioner had approached this Court in W.P.(C) No.2052 of 2005 with a grievance that LIG Flat No.LF-4/5 in Chhota Govindpur Housing Colony, Jamshedpur allotted to him by allotment no.4442 dated 23rd September, 1994 is in unauthorised occupation of some other person against whom eviction order has also been passed on 9 th November, 1998, but despite the request by the Housing Board the local administration has not provided assistance to execute the order of eviction. On 7th May 2012 the writ petition was disposed of in the following manner :-
"Considering the said submissions, this writ petition is disposed of directing the Jharkhand State Housing Board to send request, if any assistance is required to vacate the said flat in question, to the local administration within two weeks. If such request is made, the Deputy Commissioner, East Singhbhum, Jamshedpur shall consider the same and extend all possible help to get the quarter in question, vacated, if there is any valid order for eviction, within four weeks from the date of receipt of request made by the Jharkhand State Housing Board. On receipt of amount payable according to the agreement, the Board, thereafter, shall hand over the vacant possession of the said flat to the petitioner, after the required repairs, within four weeks."-2-
Annexure-3 is the hire purchase agreement entered into with the petitioner. Petitioner through his supplementary affidavit has stated that in compliance of the directions passed by the Writ Court earlier possession of the flat was handed over to him but without any repair. Petitioner has expended about Rs.50,000/- in its repair and also represented before the respondent no.2 earlier for repair by representation dated 14th December, 2012.
In the aforesaid background of facts pleaded, petitioner has approached this Court with a prayer to direct the respondents to transfer the allotted LIG Flat No.LF-4/5 in Chhota Govindpur Housing Colony, Jamshedpur by means of registered sale deed and also pay the cost of repair of the flat in terms of the order passed in W.P.(C) No.2052 of 2005.
Counsel for the respondents are present.
At this stage in the aforesaid background of facts, the only observation/direction which is required to be made is to allow petitioner with the liberty to approach the competent authority of the Board / respondent no.2 with such a prayer. The competent authority, on the representation of the petitioner and on examining the relevant attendant facts relating to the hire purchase agreement in question and the payments made on behalf of the petitioner in lieu thereof, would come to a finding on the question whether the entire consideration amount has been paid or not or there are any outstanding dues left to be paid. On such consideration, if there are any outstanding dues found to be paid by the petitioner, the same be provided to him also along with the break-up. The respondent no.2 shall also render the finding on the question of claim -3- of repairing charges by the petitioner in terms of the order passed in the writ petition. This exercise be completed within a period of four weeks from the date of receipt of a copy of this order along with the representation of the petitioner to be filed within two weeks from today. The petitioner thereafter would satisfy the outstanding dues, if any. The respondents would, thereafter, proceed to enter into the lease agreement with the petitioner/the eligible person on satisfaction of all other related formalities.
Writ petition is, accordingly, disposed of.
(Aparesh Kumar Singh, J.) Shamim/