Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 18.04.2013, issued by the Estate Officer, Bihar State Housing Board, Patna i.e. the respondent no. 3, by which the allotment of the Plot of Land bearing Plot no. C-8, situated at Prabhunath Nagar, Chapra, made vide letter 14.05.1974 has been cancelled on the ground that registration was done by the Assistant Engineer, Housing Board, Chapra, who is not the competent authority for the said purpose.

2. The petitioner has also prayed for quashing of the letter dated 05.04.2010, issued by the Executive Engineer, Bihar State Housing Board, Patna.

3. The brief facts of the case, according to the petitioner are that the Plot in question was allotted by the Bihar State Housing Board at Prabhunath Nagar, Chapra vide letter dated 14.05.1974 in the name of the father of the petitioner for a price of Rs. 3,037/-. It is the case of the petitioner that the entire money towards the cost of the land was paid by the father of the petitioner and then the registration was done by the Assistant Engineer, Housing Board, Chapra on 24.09.1979 and the possession of the Plot in question was handed over to the father of the petitioner on 19.01.1996. The father of the petitioner died on 12.06.1996, whereafter steps were taken for substituting the name of the mother of the petitioner, however, she also died subsequently and then the petitioner had filed an application dated 05.04.2013, before the Bihar State Housing Board, Patna for substituting the name of the petitioner.

4. It is the further case of the petitioner that in the meantime, surprisingly, a letter dated 05.04.2010 was issued by the Executive Engineer, Bihar State Housing Board in the name of the father of the petitioner, wherein it was stated that since the condition mentioned in the allotment letter has not been complied with, the allotment is being cancelled, however no reason or ground of cancellation of allotment was mentioned therein. Thereafter, another letter dated 18.04.2013 was issued by the Estate Officer, Bihar State Housing Board, Patna, wherein the petitioner was informed that since the competent officer had not executed the agreement, the same was being cancelled.

5. The learned counsel for the petitioner has submitted that neither the petitioner nor his father are to be blamed, in case an incompetent official had executed the agreement in question, thus in case, such a mistake has taken place, it is the Bihar State Housing Board, Patna, which is responsible, hence, the petitioner cannot be penalized for the mistakes of the respondents. It is also submitted that the entire price of the Plot in question has stood paid. It is also apparent from the records that the respondent-Board has failed to bring on record any demand made with regard to any outstanding dues, at any given point of time. Thus, it is submitted that the impugned orders dated 05.04.2010 and 18.04.2013 are illegal and fit to be set aside.

6. Per contra, the learned counsel for the respondent- Bihar State Housing Board has submitted by referring to the counter affidavit and supplementary counter affidavit, filed in the present case that after allotment of the Plot in question, the Estate Officer-cum-Additional Secretary of the respondent- Board had requested the original allottee to submit the agreement with stamp paper, on or before 30.04.1976 as also to execute the agreement within 15 days, however, it was found that the said agreement was executed by the Assistant Engineer of the Board, who was not competent to do so. It is also submitted that the allotment of the Plot in question had stood cancelled, inasmuch as the conditions contained in allotment letter and the agreement were not complied with by the petitioner. Lastly, it is submitted that even after the death of the original allottee, her wife had also failed to submit documents.

7. I have heard the learned counsel for the parties and perused the materials on record. A ba