ORDER :

1. The present writ petition has been filed for quashing the order as contained in memo no. 458/Aa dated 15.04.2015 (Annexure-5 to the writ petition) issued by the respondent no. 2- the Managing Director, Jharkhand State Housing Board, Ranchi, whereby allotment of Low Income Group Flat No. R302 (hereinafter referred to as “the said flat”) situated at Harmu Housing Colony, Ranchi in favour of the petitioner vide letter no. 593/Aa dated 25.10.2002, has been cancelled. Further prayer has been made for issuance of direction upon the respondents either to allow the petitioner to stay in the said flat on monthly rental basis as per the agreement of allotment executed between the parties on 24.01.2003 or to make allotment of the said flat in favour of the petitioner on Hire Purchase basis since he has incurred considerable expenses in maintaining the said flat. The petitioner has also prayed for quashing the order dated 22.06.22 (Annexure-11 to the writ petition) passed by the respondent no. 4-Competent Authority, Jharkhand State Housing Board, Ranchi whereby he has been directed to vacate the said flat.

2. Learned counsel for the petitioner submits that various houses/flats under the jurisdiction of Jharkhand State Housing Board (JSHB) remained un-allotted for years after construction which were also in unauthorized occupation and during the year 2002, it was not possible for the JSHB to allot or sale such houses/flats permanently, due to which their condition were deteriorating as well as no revenue was being received by the Board from such houses/flats. Hence, in order to save those from further deterioration as well as to get rid of unauthorized occupants, the petitioner was allotted one of the flats i.e. LIG-R-302 at Harmu Housing Colony, Ranchi on monthly rental basis vide letter no. letter no. 593/Aa dated 25.10.2002 issued under the signature of the respondent no. 2. Thereafter, on deposit of advance rent, an agreement for the said flat was executed between the petitioner and the respondent no. 3 the Executive Engineer, Jharkhand State Housing Board, Ranchi on 24.01.2003 and vide memo no. 96 dated 25.01.2003, possession of the same was directed to be handed over to the petitioner which was occupied by him on 08.02.2003. Since then, the petitioner has been residing in the said flat and is paying monthly rent to the Board. Surprisingly, a show cause notice was issued to the petitioner by the respondent no. 2 vide memo no. 549 dated 01.04.2015 calling upon him as to why allotment of the said flat be not cancelled and the same be not vacated considering that the allotment made on 25.10.2002 was against the provisions of clause 2(xi) and (xx), 6, 7 and 25 (i), (ii) and (iv) of the Jharkhand State Housing Board (Management and Settlement of Residential Real Estate) Regulations, 2004 (hereinafter referred to as “the Regulations 2004”). The petitioner submitted his reply before the respondent no. 2 on 11.04.2015 stating that when the flat was allotted to him, it was in dilapidated condition and he had to incur considerable expenses in renovating the same with the consent of the Board and as such, the said flat may be allotted to him on hire purchase basis. However, the respondent no. 2 arbitrarily cancelled the allotment of the said flat vide memo no. 458/Aa dated 15.04.2015. The respondent no. 3 issued Notice No. 445 dated 09.05.2015 to the petitioner under Section 83(A) of the Jharkhand State Housing Board Act, 2000 (hereinafter referred to as “the Act, 2000”) and directed him to vacate the said flat within 10 days as well as to deposit penalty with the respondent no. 3 for the damages caused due to said unauthorized occupation, failing which a case would be registered against the petitioner before the respondent no. 4 under Section 59 of the Act, 2000 for removal of unauthorized occupation and payment of damages.

3. It is further submitted that the petitioner cannot be said to be in unauthorized occupation as he has not viola