JUDGMENT

Mohit Kumar Shah, J. - The present writ petition has been filed for quashing the order dated 05.07.2013 passed by the respondent-Managing Director, Bihar State Housing Board, Patna, whereby and whereunder the representation of the petitioner dated 12.06.2012 for allotment of 966 sq. ft. of land located at Sri Krishna Nagar, Plot no. CH-28, at residential rate and not at commercial rate, has been rejected. The petitioner has further prayed for quashing the order dated 25.06.2008 issued by the respondent-Estate Officer, Bihar State Housing Board, Patna (hereinafter referred to as 'the Board'), to the extent that the petitioner has been apprised that the Board, in its 225th Meeting has taken a decision to allot an additional 966 sq.ft. of land at the commercial rate and the petitioner has been directed to pay a sum of Rs. 5,83,813/- till July, 2007 and a sum of Rs. 5,90,624/- till August, 2008. The petitioner has further prayed for holding that the allotment of land for residential purposes cannot be charged at commercial rates since the same is contrary to the Housing Scheme as also the Act. Consequently, it has been prayed to direct the respondent-Board to allot the said 966 sq.ft. of land in favour of the petitioner at the residential rates.

2. The brief facts of the case are that the respondentBoard took a decision in its 106th Meeting dated 29.08.1986 to allot a plot of land under the High Income Group Scheme to the petitioner at Shri Krishna Nagar, Patna.

Accordingly, a letter dated 23.09.1986 was issued by the then Secretary of the Board informing the petitioner about allotment of High Income Group Plot bearing no. CH-22 and the petitioner was directed to deposit certain sums of money. The petitioner had then entered into a hire purchase agreement dated 04.12.1986 with regard to the aforesaid piece of land admeasuring 2452 sq.ft. located at Shri Krishna Nagar, Patna bearing plot no. CH-22 and Clause 9 of the said agreement clearly provides that the premises is to be used for residential purposes. The provisional cost of the land was fixed at Rs. 17,960/- and the petitioner, as per the requirement, had deposited 30% of provisional cost to the tune of Rs. 5,388/-. The petitioner was also required to pay monthly installments which he had paid in time. Thereafter, the plot in question was handed over to the petitioner on 19.03.1990. Since the adjacent land to the plot of the petitioner on the western side was lying vacant and was of no use to anyone, in view of its small size, the petitioner had filed a representation before the respondentBoard to allot the same to him. On the basis of the said representation of the petitioner, the Board in its 225th meeting held on 28.03.2008, vide agenda no. 4, was pleased to resolve to allot the additional land situated in between Plots no. CH-22 and CH-23, admeasuring 1420.20 sq.ft. Consequently, a letter dated 28.05.2008 was issued by the Chairman-cum-Managing Director of the respondent- Board, whereby an additional land admeasuring 1420.20 sq.ft. was allotted in favour of the petitioner herein. The Estate officer of the respondent-Board had then issued a letter dated 24.06.2008 informing the petitioner about allotment of 966 sq.ft. of land instead of 1420.20 sq.ft. of land and a demand on the basis of commercial rates was made for the said piece of land. This led to the petitioner filing a representation dated 07.07.2008 and when no action was taken, the petitioner approached this Court by filing a writ petition bearing C.W.J.C. no. 19033 of 2008 and this Court vide order 30.04.2012, had remanded the matter to the Chairman-cumManaging Director of the respondent-Board. The petitioner had then filed a detailed representation before the Chairman-cumManaging Director of the respondent-Board on 12.06.2012 and the Managing Director of the respondent-Board had then passed an order dated 05.07.2013, rejecting the representation of the petitioner. The learned counsel for the petitioner ha