IMPORTANT POINT
[The court established that notices issued without proper authority under the Jharkhand State Housing Board Act, 2000, are invalid, and that allottees have a right to equitable treatment in the context of rental-cum-purchase agreements.]

JUDGMENT :

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

I.A. No.3171 of 2024 in W.P.(C) No.6606 of 2016

Heard the parties.

This interlocutory application has been filed with a prayer to substitute the legal representatives of the sole deceased petitioner namely Lal Bahadur Singh who died on 04.03.2023 leaving behind his only two legal representatives whose names, parentages and addresses have been mentioned in para-3 of the instant interlocutory application. It is further submitted that unless the substitution, as prayed for, is allowed, the legal representative of the sole deceased petitioner will be highly prejudiced.

Mr. Shashi Kant Mishra & Associates have filed power on behalf of the legal representatives of the sole deceased petitioner namely Lal Bahadur Singh.

Considering the aforesaid facts, the prayer for substitution of only two legal representatives of the sole deceased petitioner namely Lal Bahadur Singh, as prayed for, is allowed.

Registry is directed to incorporate the names of only two legal representatives of the sole deceased petitioner namely Lal Bahadur Singh whose names, parentages and addresses has been mentioned in para-3 of the instant interlocutory application as petitioner No.1 (a) to 1 (b) and to mention the word ‘Dead’ against the name of sole deceased petitioner namely Lal Bahadur Singh with red ink in the cause title of the memo of this writ petition.

This interlocutory application stands disposed of.

W.P.(C) No.6570 of 2016 along with other allied cases

1. All these six Writ Petitions have been filed under Article 226 of the Constitution of India with several prayers i.e. W.P. (C) No.6570 of 2016 has been filed with a prayer to quash the Notice No.923 dated 27.09.2016 issued under Section 83 A of the Jharkhand State Housing Board Act, 2000 passed by the respondent No.8- Executive Engineer, Jharkhand State Housing Board, Ranchi on the ground that it has been issued without power, authority, and jurisdiction by which the petitioner occupied the Rental House No.R-11/5 situated at Harmu Housing Colony, Ranchi, W.P. (C) No.6576 of 2016 has been filed with a prayer to quash the Notice No.926 dated 27.09.2016 issued under Section 83 A of the Jharkhand State Housing Board Act, 2000 passed by the respondent No.8- Executive Engineer, Jharkhand State Housing Board, Ranchi on the ground that it has been issued without power, authority and jurisdiction by which the petitioner occupied the Rental House No.R-25/6 situated at Harmu Housing Colony, Ranchi, W.P. (C) No.6604 of 2016 has been filed with a prayer to quash the Notice No.927 dated 27.09.2016 issued under Section 83 A of the Jharkhand State Housing Board Act, 2000 passed by the respondent No.8- Executive Engineer, Jharkhand State Housing Board, Ranchi on the ground that it has been issued without power, authority and jurisdiction by which the petitioner occupied the Rental House No.R-18/5 situated at Harmu Housing Colony, Ranchi, W.P. (C) No.6606 of 2016 has been filed with a prayer to quash the Notice No.692 dated 23.07.2016 issued under provision of the Jharkhand State Housing Board Act, 2000 passed by the respondent No.8- Executive Engineer, Jharkhand State Housing Board, Ranchi on the ground that it has been issued without power, authority and jurisdiction by which the petitioner occupied the Rental House No.R-20/6 situated at Harmu Housing Colony, Ranchi, W.P. (C) No.6877 of 2016 has been filed with a prayer to quash the Notice No.943 dated 27.09.2016 issued under Section 83 A of the Jharkhand State Housing Board Act, 2000 passed by the respondent No.8- Executive Engineer, Jharkhand State Housing Board, Ranchi on the ground that it has been issued without power, authority and jurisdiction by which the petitioner occupied the Rental House No.R-22/5 situated at Harmu Housing Colony, Ranchi and W.P. (C) No.3805 of 2019 has been filed with a prayer to quash the Notice No.922 dated 27.09.2016 issued under Section 83 A of the Jharkhand State Housing Board Act, 2000 pas