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RAJESH SHANKAR
Jhulan Singh – Appellant
Versus
State of Jharkhand through the Secretary, Housing Department – Respondent
ORDER :
The present case is taken up through vide conferencing.
2. The present writ petition has been filed for quashing the order dated 18.02.2022 (Annexure-6/1 to the writ petition) passed by the Competent Authority, Jharkhand State Housing Board, Ranchi (the respondent no.6) in Eviction Case No. 17 of 2012 whereby the petitioners have been held to be illegal occupants of a two storied house being MIG House No. M-38(D.S.) having an area of 66’ X 81’= 5,346 sq. ft. (hereinafter to be referred as “the said house”) and have been directed to vacate the said house within 30 days from the said order by depositing penalty of Rs.5,068/- as calculated for the period till 12.05.2012 along with payment at the rate of Rs. 50 per day per 100 sq. meter till the date of eviction from the said house failing which they would be evicted from the said house using police force after deputing magistrate and the expenses incurred for the same would be recovered from them.
3. Learned counsel for the petitioners submits that the said house was allotted by the respondent-Jharkhand State Housing Board (JSHB) to one Akhouri Anand Prakash (hereinafter to be referred as “the original allottee”) vide allotment o
The main legal point established in the judgment is that the petitioners have no right to continue with the possession of the said house based on the provisions of the notification and the principles....
Every decision of an administration and executive nature must be composite and self-sustaining one and in that it should contain all the reasons which prevail the official taking the decision to arri....
The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.
The obligation of the State and its instrumentalities to act fairly and transparently in the allotment of state largesse, in accordance with the principles of fairness and good governance, and in con....
Continuous possession and acknowledgment by the Custodian Department are crucial in determining property rights in cases of dispute.
An eviction order based on procedural lapses must consider submissions made within the stipulated timelines as valid; due process and opportunity for hearing are paramount in administrative decisions....
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