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High Court of Jharkhand · body

2025 DAILYLAW 14838 (JHR)

RAVI SHANKAR PRASAD v. JHARKHAND STATE HOUSING BOARD RANCHI THROUGH ITS MANAGING DIRECTOR

WPC/3093/2024 · 2025-01-23

Rajesh Shankar

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3093 of 2024 ----- Ravi Shankar Prasad, aged about 62 years, Aadhaar No.841207912456, S/o Late Hari Shankar Prasad, resident of House No. M.I.G., B-114 At & P.O.- Harmu Housing Colony, P.S. Argora, District-Ranchi-834002 (Jharkhand). .......... Petitioner. -Versus- 1. Jharkhand State Housing Board, Ranchi, At & P.O.-Harmu Housing Colony, P.S. Argora, District Ranchi-834002 (Jharkhand) through its Managing Director. 2. The Managing Director, Jharkhand State Housing Board, Ranchi At & P.O.-Harmu Housing Colony, P.S. Argora, District Ranchi-834002 (Jharkhand). 3. The Revenue Officer, Jharkhand State Housing Board, Ranchi, At & P.O.-Harmu Housing Colony, P.S. Argora, District Ranchi-834002 (Jharkhand). 4. The Estate Officer, Jharkhand State Housing Board, Ranchi, At & P.O.-Harmu Housing Colony, P.S. Argora, District Ranchi- 834002 (Jharkhand). 5. The Executive Engineer, Ranchi Division, Jharkhand State Housing Board, Ranchi, At & P.O.- Harmu Housing Colony, P.S. Argora, District Ranchi-834002 (Jharkhand). .......... Respondents. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Arvind Kumar Singh, Advocate For the Respondents: Mrs. Surabhi, A.C. to A.A.G.-II ----- Order No.05 Date: 23.01.2025 1. The present writ petition has been filed for challenging the demand of Rs.21,90,562/- calculated till 31st August, 2023 raised vide letter no.576/Aa dated 3rd August, 2023 (Annexure- 6 to the present writ petition) issued by the respondent no.3- Revenue Officer, Jharkhand State Housing Board, Ranchi (hereinafter to be referred as ‘JSHB’) against the price of House No. MIG/B-114 situated at Harmu Housing, Colony, Ranchi. Further prayer has been made for issuance of direction upon the respondent-JSHB to recalculate the due amount, if any, 2 W.P.(C) No.3093 of 2024 with respect to price of the said house without adding compound interest on unpaid installments and to communicate the same to the petitioner for its payment after adjusting the amount already paid by him against the price of the said house. The petitioner has also prayed for issuance of direction upon the respondent-JSHB to get the said house registered in his name forthwith through a deed of conveyance. 2. Learned counsel for the petitioner submits that the respondent no.3 vide impugned letter dated 3rd August, 2023 has raised a demand of Rs.21,90,562/- after adjusting the amount already paid by the petitioner against the price of the said house. It is further submitted that the calculation made by the respondent no.3 while raising the aforesaid demand also contains the compound interest calculated over the unpaid instalments which is impermissible in view of the decision taken by the respondent-JSHB in its 40th meeting held on 7th April, 2015. The petitioner has also represented the concerned authorities of the respondent-JSHB including its Managing Director (the respondent no.2) requesting inter alia to recalculate the said demand, however, the said representation has not yet been responded which has compelled him to prefer the present writ petition. 3. Mrs. Surabhi, learned A.C. to A.A.G.-II appearing on behalf of the respondents submits that the aforesaid claim of the petitioner is required to be considered by an appropriate authority and, hence, if he prefers a fresh representation 3 W.P.(C) No.3093 of 2024 before the respondent no.2, an appropriate decision, in accordance with law, will be taken within a time frame. 4. Having heard learned counsel for the parties and considering the nature of the grievance raised by the petitioner in the present writ petition, this Court is of the view that the same should be considered by the competent authority of the respondent-JSHB at the first instance. Hence, without entering into the merit of the case, the petitioner is given liberty to prefer a fresh representation on the present issue before the respondent no.2. On receipt of the said representation, the respondent no.2, after providing an opportunity of hearing to the petitioner/his representative shall take an appropriate informed decision within a period of six weeks from the date of filing of the representation. 5. The writ petition is, accordingly, disposed of with aforesaid liberty and direction. (Rajesh Shankar, J.) Rohit/