RANCHI, India, Aug. 8 -- Jharkhand High Court issued the following order on July 9:

1. The petitioner was allotted Plot No. M-16 by the Housing Board for a consideration amount of Rs.11,52,956/-.

2. It is contended by learned counsel for the petitioner that the said amount was paid within the stipulated time, despite this, the possession was not handed over which impelled the petitioner and similarly situated other persons to file W.P.(C) No. 3970 of 2014, in which specific direction was given to the Housing Board to hand over the possession of the allotted plots to the petitioners vide order dated 07.01.2020. Despite the said order, possession was not handed over to the petitioner and the petitioner was constrained to file Contempt Case (C) No. 813 of 2021. Consequently, the possession of the said plot was handed over to the petitioner.

3. After handing over the possession, letter dated 05.09.2024 has been issued to the petitioner by which a demand of Rs.20,56,906/- has been raised and aggrieved by the said demand, instant writ petition has been filed for quashing the same. Reliance is placed on W.P. (C) No. 4790 of 2023 (Vijay Shankar Jha Vs. State of Jharkhand & Ors) and connected case, wherein it has been held that the Board could claim the principal amount with simple interest against the petitioner who had paid the amount later on and that too, on the actual amount which has been paid later.

4. It is further submitted that the entire amount has been paid within the stipulated time and, therefore, in view of the ratio laid down in this case, the Board could not claim the interest.

5. Learned counsel for the respondents-Board seeks an adjournment to file counter affidavit and also the order passed by the Single Judge of this Court which is under challenge in Letters Patent Appeal.

6. Having considered the submissions advanced on behalf of both sides, the matter appears to lie in a narrow compass with regard to the outstanding demand raised against the petitioner.

7. Under the circumstance, the petitioner is directed to approach respondent no. 2 - Managing Director, Jharkhand State Housing Board by filing proper representation with particulars regarding payment of principal amount by the petitioner against the allotment of said plot. The said representation will be disposed of by the respondent no.2 considering the ratio laid down in W.P.(C) No. 4790 of 2023 and connected matter within a period of eight weeks after filing of the said representation.

This writ petition stands disposed of. Pending I.A., if any, also stands disposed of.

Disclaimer: Curated by HT Syndication.