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SANDEEP KUMAR
Sanjay Mishra – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—In this case, the petitioner has challenged the order dated 11.11.2011 passed by the Bihar State Housing Board, whereby the allotment of plot No. 6H/65 situated at Bahadurpur Patna Sector-06 in favour of the mother of the petitioner has been cancelled on account of non-construction of building and also to allot the aforesaid plot in favour of the petitioner after substituting his name in place of his deceased mother.
2. The facts of this case are that the mother of the petitioner got herself registered with the Bihar State Housing Board (for short “the Housing Board”) in the year 1980 for allotment of a plot of land vide registration no.196511 and had also made an advance payment of Rs.5,000/- on 26.12.1981 and 27.05.1981 along with the necessary documents with the Housing Board. When the original allottee was found eligible, she was allotted a plot bearing no. CH/27 in Sri Krishna Nagar, Patna admeasuring 2.91 khatas of land vide letter dated 16.01.1982 and she was directed to make payment of Rs.1840/- by 31.01.1982, which the original allottee duly complied and deposited the said amount on 29.01.1982 and therefore the allotment stood confirmed. Despite the allotm
The Housing Board's cancellation of plot allotment was invalid due to lack of notice and failure to follow due process, violating principles of natural justice.
The main legal point established in the judgment is that the cancellation of government lease, governed by statutory regulations, can be justified if the allotment was obtained by misrepresentation o....
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