JUDGMENT :

RAJESH SHANKAR, J.

1. The present writ petition is taken up today through Video conferencing.

2. The present writ petition has been filed for quashing/setting aside the letter No. 537 dated 03rd August, 2019, whereby the respondent-Jharkhand State Housing Board (hereinafter to referred as the “JSHB”) has allotted chhitput plot situated near Low Income Group (LIG) House No. LRA-51 at Argora Housing Colony, Ranchi belonging to the petitioner to the respondent no. 5 for construction of flats under the category of “Economically Weaker Sections” (EWS) (wrongly mentioned in the writ petition as Middle Income Group House/Flats) over the said chhitput plot in form of G+3 (Block-7) building. Further prayer has been made for quashing the order, if any, passed pursuant to the show cause notice issued to the petitioner as contained in memo No. 324 dated 10th March, 2015. The petitioner has also prayed for issuance of declaration that the deed of lease on perpetuity executed between the respondent-Jharkhand State Housing Board and the petitioner dated 27th November, 2010 cannot be unilaterally cancelled by the said respondent in absence of any such order passed in that regard by the competent court of civil jurisdiction.

3. The factual background of the case as stated in the writ petition is that the petitioner was allotted a LIG house being LRA-51 by the respondent-Board at Argora Housing Colony, Ranchi vide allotment letter no. 186 dated 30th May, 1992 pursuant to her application dated 16th March, 1985 for allotment of LIG house under scheduled caste category. The said allotment was subsequently cancelled due to non-execution of agreement by the petitioner. Thereafter, the said house was re-alloted in favour of the petitioner pursuant to an application made by her and possession of the same was handed over to her on 3rd June, 2018. Subsequently, a registered lease deed of the said transfer was also executed. The petitioner constructed a three storied residential house over the said plot and is residing in it. The State of Jharkhand in exercise of its powers conferred under Section 28(3) of the Jharkhand State Housing Board Act, 2000 framed “Jharkhand State Housing Board (Management and Disposal of Housing Estate) Regulation, 2004” (in short ‘Regulation, 2004’). Clause 30 of said Regulation provides for allotment of ‘chhitput plot’ (cut plot) to an adjacent existing allottee who has sought allotment of such type of plot. The petitioner filed an application dated 21st March, 2009 for allotment of ‘chhitput plot’ measuring an area of 2500 square feet which was situated near her existing house being LRA-51. Thereafter, a report was submitted by the Executive Engineer as required under Clause 30 of the Regulation 2004 and vide letter no. 295 dated 03rd March, 2010, the said ‘chhitput plot’ was allotted in favour of the petitioner on payment of commercial rate but she was restrained from using the said plot for any commercial purpose. The petitioner deposited the requisite amount with the JSHB and thereafter a hire purchase agreement dated 12th October, 2010 was executed between the petitioner and the JSHB. Possession of the said chhitput plot was also handed over to her on 21st October, 2010. Subsequently, the registered deed of lease of perpetuity was executed by the JSHB in favour of the petitioner on 27th November, 2010. In the year 2015, the Managing Director of the JSHB, Ranchi issued show cause notice to the petitioner vide memo no. 324 dated 10th March, 2015 directing her to explain as to why restoration of allotment of house being LRA-51 made in her favour be not cancelled as the same was re-allotted to her in contravention of Clause 8 (Gh) and 9 (Kh) of the Regulation, 2004. The petitioner was also directed vide said show cause notice to explain as to why allotment of chhitput land/plot made in her favour near her house being LRA-51 be not cancelled as the allotment letter no. 295 dated 3rd March, 2010 was issued in contravent