RANCHI, India, Aug. 2 -- Jharkhand High Court issued the following order on July 1:

1. The instant appeal under Clause 10 of the Letters Patent is directed against the order dated 20.06.2024 passed in W.P(C) No.2489 of 2024 whereby and whereunder the writ petition has been dismissed by the learned Single Judge by which the prayer of the writ petitioner for issuance of a direction upon the Jharkhand State Housing Board (in short, Board) to hand over the possession of a piece of land being Plot No.M/12 which, according to the writ petitioner, has been allotted in his favour through lottery held on 16.09.2011 by the Housing Board.

2. The said writ petition has been dismissed on the ground of laches and delay by the learned Single Judge, however, the liberty has been given to the writ petitioner to claim for refund of the amount which the writ petitioner has deposited along with interest.

3. The brief facts of the case as per the pleadings made in the writ petition needs to refer herein which reads as under:

(i) It is pleaded in the writ petition that in the month of July 2011 the respondent-Board published an advertisement in the local newspaper inviting application for allotment of plots (M.I.G., L.I.G., L.B. etc.) at Adityapur under District SaraikellaKharsawan.

(ii) That in pursuant to the above advertisement the appellant/writ petitioner submitted his application with requisite initial money deposited by the him in favour of the respondent-Board and thereafter the respondent-Board held a lottery in the month of September 2011 wherein the he appellant/writ petitioner was allotted a piece of land having an area of 1837.50 square feets being plot no. M-12 at a cost of Rs. 11,52,956/-(Eleven Lacs Fifty Two Thousands Nine Hundred Fifty Six) in terms of allotment order contained in memo no. 2174 dated 13.10.2011.

(iii) That it is stated and submitted that as per the terms and conditions of the allotment order, the appellant/writ petitioner was required to deposit the aforesaid amount in Equal Monthly Installments (EMI).

(iv) That it is stated and submitted that thereafter the appellant/writ petitioner and respondent executed a higher purchase agreement on 21.12.2011 for the aforesaid plot in the presence of witnesses and as per the terms and conditions of the agreement the allottee after getting possession over the land shall start their construction within two years.

(v) That it is stated and submitted that as per terms and conditions of the aforesaid allotment order dated 13.10.2011 the appellant/writ petitioner started deposit the amount in form of Equal Monthly Installments (EMI) as fixed by the respondents and the same was to be paid for next five years and in the year 2016 the final payment was also made by him.

(vi) That it is stated and submitted that as per the terms and conditions of the allotment order and agreement the respondent-Board was bound to handover the possession over the land to the appellant/writ petitioner immediately but unfortunately, they failed hand to over same to him in spite of the payment of entire amount made in the year 2016 itself.

(vii) That it is stated and submitted that after execution of the aforesaid agreement the appellant/writ petitioner approached the respondent-Board for immediate possession of the allotted land to him but the respondent-Board kept mum over the entire matter and had not taken any action to give physical possession over the land to him.

(viii) That it is stated and submitted that whensoever the appellant/writ petitioner requested the respondent-Board to hand over the possession of the plot in question, they are showing their negligence in this regard.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqChUfpB94FXbX63wAFcbUhwhS0O2X59YF6fSgcdHyfoV&caseno=LPA/576/2024&cCode=1&cino=JHHC010339562024&state_code=7&appFlag=)

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