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2023 Supreme(Jhk) 1163

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Prasanna Narayan – Appellant
Versus
Jharkhand State Housing Board – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shilpi Sandil Gadodia,
For the Respondents: Sachin Kumar, Ravi Prakash Mishra.

ORDER :

1. Heard the learned counsels for the parties.

2. This appeal has been filed against the judgment dated 22nd March 2021 passed in W.P. (C) No. 4880 of 2019 whereby the writ petition filed by the appellant has been dismissed.

3. The writ petition was filed by the appellant dismissing the order of the Housing Board cancelling the allotment of ‘chhitput plot’ (cut plot) in her name and handing over the same to the respondent no. 5 vide letter no. 537 dated 03rd August 2019 for construction of flats over the same under Economically Weaker Sections (EWS) category.

4. It is not in dispute that the appellant was allotted a LIG house being LRA-51 vide allotment letter no. 186 dated 30th May 1992 pursuant to her application dated 16th March 1985 under the Scheduled Caste category. The said allotment was subsequently cancelled due to the non-execution of the agreement by the appellant. However, the said house was re-allotted in favour of the appellant, and possession of the same was handed over on 3rd June 2018 and a registered lease-deed was also executed.

5. The State of Jharkhand in the exercise of its powers conferred under section 28(3) of the Jharkhand State Housing Board Act, 2000

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