( 2026:JHHC:20726 ) 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1791 of 2010 Dr. (Smt.) Shashi Lal, wife of Dr. Ravindra Nath Chaudhary, resident of Sri Niketan, Aryapuri, P.O. Indrapuri, P.S. Kotwali (Sukhdevnagar), District- Ranchi, Jharkhand ...... … Petitioners Versus 1.Jharkhand State Housing Board, through it Managing Director, At Harmu, P.O.and P.S. Argora, Ranchi 2. The State Officer, Jharkhand State Housing Board, through it Managing Director, At Harmu, P.O.and P.S. Argora, Ranchi 3. The Executive Engineer, Jharkhand State Housing Board, through it Managing Director, At Harmu, P.O.and P.S. Argora, Ranchi 4. The State of Jharkhand through Chief Secretary, Govt. of Jharkhand at Project Building, Ranchi, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi 5. Principal Secretary, Urban Development at Project Building, Ranchi, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi 6. Commissioner, Ranchi, office at Kutchery Road, P.O. GPO and P.S. Kotwali, District-Ranchi 7. Deputy Commissioner, Ranchi, Office at Collectorate, Kutchery Road, P.O. GPO and P.S. Kotwali, District-Ranchi .…. … Respondents -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Ankit Kumar, Advocate For the JSHB : Mr. Sachin Kumar, Advocate For the Resp-State :Mr. Abhilash Kumar, A.C. to G.P-II 28/ 13.07.2026: Heard Mr. Ankit Kumar, learned counsel for the petitioner, Mr. Abhilash Kumar, learned counsel for the respondent-State and Mr. Sachin Kumar, learned counsel for the Jharkhand State Housing Board. 2. This writ petition has been filed under Article 226 of the Constitution of India for direction upon the respondents to allot alternative plot under the High Income Group under the Schedule Caste Category being plot no.- 183 advertised vide memo no.- 253 dated 23.02.2010 contained in Annexure-5 for allotment through lottery as ( 2026:JHHC:20726 ) 2 petitioner has been earlier allotted KH-84 through allotment letter dated 18.05.1992 contained in Annexure-1. 3. Learned counsel for the petitioners submits that the respondent no. 1-Jharkhand Stated Housing Board is a state within the meaning of state under article 12 of the constitution of India. He next submits that in pursuance to the advertisement petitioner applied for allotment of High Income Group plot advertised for schedule caste and being eligible and successful in all manner respondents allotted plot no. KH-84 vide allotment letter dated 18.05.1992 by the then Bihar State Housing Board contained in Annexure-1. He further submits that detail of the plot has been given in the allotment letter and further as per clause 4 of the allotment letter petitioner was supposed to make payment of Rs. 12,930/- (Twelve thousand nine hundred thirty). He next submits that in compliance of clause-4 of the allotment letter the petitioner has deposited the amount of Rs. 12, 930 /-(Twelve Thousand nine hundred thirty) contained in annexure-2. He next submits that in spite of submission of the above amount nothing has been done and the amount is lying with the Jharkhand State Housing Board. By way of referring annexure-3 he submits that petitioner sought information under Right to Information Act and informant has been provided by letter dated 03.09.2007 stating that respondents are taking steps for removal of the encroachment and thereafter follow up action will be taken up. He next submits that however no action has been taken and in view of that petitioner served representation before the competent ( 2026:JHHC:20726 ) 3 authority contained in annexure-4 wherein he has requested for allotment of the alternative plot which are vacant and available with respondents however, nothing has been done. By way of referring Annexure-5 by memo no.-253-Aa dated 23.02.2010 the Jharkhand State Housing Board has further invited application for allotment of left over vacant lands including one High Income Group plot reserved for schedule caste being in plot no.- 183. He next submits that the amount in terms of allotment has been deposited which is lying with the Jharkhand State Housing Board inspite of that Jharkhand State Housing Board has not allotted the alternative plot to him. 4. Mr. Kumar submits that the case of the petitioner was tagged with the case of Rajendra Ram being W.P.(C) No. 2099 of 2008. He further submits that Rajendra Ram who is petitioner is W.P.(C) No. 2099 of 2008 who has been provided alternative plot in view of that the said writ petition has been disposed of and the Jharkhand State Housing Board is discriminating with the petitioner in allowing the alternative plot and in view of that appropriate direction may kindly be given. He further submits that several orders have been passed by this Court in the present writ petition which clearly shows that how the Co-ordinate Bench has taken the issues and even the officers have been criticized. He also submits that by order dated 12.05.2022 even the then Principal Secretary, Cabinet Secretariat and Vigilance Department, Government of Jharkhand were show caused as to why contempt proceeding be not initiated. He next submits that three of ( 2026:JHHC:20726 ) 4 orders passed by the Co-ordinate Bench dated 21.03.2022, 09.05.2022 and 12.05.2022 were challenged in L.P.A. No.131 of 2022 and analogous cases and the said L.P.A has been allowed. He next submits that however the case of Rajendra Ram was kept pending before the Division Bench and this writ petition was segregated from that case. During the pendency of W.P.(C) No. 2099 of 2008 Rajendra Ram was provided alternative plot and in view of that the said writ petition has been disposed of. He submits that in the aforesaid background direction may kindly be issued to the Jharkhand State Housing Board to allot the alternative plot to the petitioner as the petitioner has already fulfilled the conditions contained in Annexure-1 of the writ petition. 5. Learned counsel for the respondent-Jharkhand State Housing Board opposes the prayer and submits that the allotment was of the year, 1992 and the petitioner himself was let in approaching the Jharkhand State Housing Board. He next submits that so far the case of Rajendra Ram is concerned, the Division Bench has disposed of the case considering that the allotment was made during pendency of the said writ petition by the Jharkhand State Housing Board. On this ground, he submits that the matter is belated and in view of that this writ petition may kindly be dismissed. 6. In view of above submissions of the learned counsel for the parties and looking into the averments made in the writ petition as well as annexures, it is crystal clear that the petitioner was allotted plot no. KH-84 vide allotment letter dated 18.05.1992 contained in Annexure-1 ( 2026:JHHC:20726 ) 5 and further as allotment letter the petitioner has deposited a sum of Rs. 12,930/- (Twelve Thousand nine hundred thirty) contained in Annexure- 2 and thereafter the petitioner sought information under Right to Information Act which was provided to the petitioner vide letter dated 03.09.2007contained in Annexure-3. The petitioner was informed that the land has been encroached and steps are being taken by the Jharkhand State Housing Board for removing the encroachment by way of approaching the Deputy Commissioner, Ranchi as well as Senior Superintendent of Police, Ranchi. The assurance has been made vide Anenxure-3 that thereafter the possession will be provided to the petitioner. The petitioner has also filed representation to provide alternative plot however same has not been made available to the petitioner. The present case was running with the case of Rajendra Ram being W.P.(C) No. 2099 of 2008. After considering the case several orders have been passed including the L.P.A. It has been pointed out that before the Division Bench delivery of possession of alternative plot has been made available to Rajendra Ram and thereafter W.P.(C) No. 2099 of 2008 was disposed of by the Division Bench. The case of the petitioner is on similar footing as that of Rajendra Ram. The Jharkhand State Housing Board being the State under Article 12 of the Constitution of India cannot be allowed to discriminate the petitioner. 7. The allotment was made in the year, 1992. Almost 34 years have already passed. For the act of Jharkhand State Housing Board the legal right of the petitioner cannot be defeated which has already ( 2026:JHHC:20726 ) 6 accrued in the year, 1992 itself and therefore, the petitioner is entitled to a plot which is vacant and free from all encumbrances and litigation. 8. In view of above facts, reasons and analysis this writ petition is disposed of directing the Jharkhand State Housing Board to allot the alternative/suitable plot to the petitioner after taking further consideration in the light of allotment letter contained in Annexure-1 to the writ petition within eight weeks from the date of receipt/production of a copy of this order. 9. With the above observation/direction this writ petition is disposed of. Pending I.A. if any stands disposed of. Dt.. 13.07.2026 ( Sanjay Kumar Dwivedi, J.) Satyarthi/A.F.R.