The court ruled that the claimed plots did not qualify as cut-plots under the relevant Regulation, as they were already allotted and could be utilized independently.

JUDGMENT :

Sanjay Kumar Dwivedi, J.

In both the cases, common question of law is involved and in view of that, both the writ petitions have been heard together with consent of the parties.

2. Heard Mr. Indrajit Sinha along with Mr. Ajay Kumar Sah, learned counsel for the petitioners and Mr. Sachin Kumar, learned counsel for the Jharkhand State Housing Board.

3. In W.P.(C) No.2234 of 2023, the prayer is made for direction upon the Jharkhand State Housing Board to allot adjacent plot in terms of Regulation 30 of the Jharkhand State Housing Board (Management and Acquaintance of Residential Estate) Regulation, 2004 and consequently declare that the action of the respondent-Jharkhand State Housing Board in allotting the cut plots/scattered plots adjacent to the land of the petitioner to the private respondent no.5 is contrary to the statute and void ab initio. In W.P.(C) No.2238 of 2023, the prayer is made for direction upon the respondent-Jharkhand State Housing Board to declare cut-plots/scattered plots in favour of the petitioner and allot the same in light of the said Regulation, 2004.

4. Learned counsel for the petitioners submits that so far as W.P.(C) No.2234 of 2023 is concerned, pursuant to advertisement, the petitioner has applied for allotment of 2K/3K/M type house in Bariatu Housing Colony. The petitioner purchased the L.I.G. House No.2K/83 including the land appertaining thereto measuring are 3 Kathas 7 Chhatak 7 Square feet on absolute sale basis from Smt. Sulekha Gupta through sale deed no.10719 dated 20.09.2002. He further submits that she was in continuous possession of the said house till date. He then submits that the State of Jharkhand in exercise of its powers under Section 28(3) of the Jharkhand State Housing Board (Management and Acquaintance of Residential Estate) Regulation, 2004 framed a Regulation for the management and disposal of the housing estate of the properties of the Housing Board being Jharkhand State Housing Board Regulations, 2004. He draws attention of the Court to Regulation 2(xxxi) of the Regulation, 2004 and submits that in light of that provision, the petitioner is entitled to cut-plot/scattered plot, which is adjacent to the plot of the petitioner in view of that Regulation. He submits that in view of that, appropriate direction may kindly be issued to the Jharkhand State Housing Board.

5. Per contra, learned counsel for the Jharkhand State Housing Board draws attention of the Court to paragraph no.8 of the counter affidavit and submits that in accordance with the Jharkhand State Housing Board (Management and Acquaintance of Residential Estate) Regulation, 2004, lottery was held at Haj House, Kadru, Ranchi and the LIC Plot No. CH/35, measuring about 1350 sq.ft. at Bariatu was decided to be allotted in the name of one Smt. Manju Prasad, W/o Sri Narendra Kishore Prasad and allotment order has also been issued vide letter dated 20.09.2011, contained in Annexure-A of the counter affidavit. He further submits that the petitioner was allotted the house bearing LIC House No.2K/83 at Bariatu Housing Colony, Bariatu and the sale deed was executed on 20.09.2002. The piece of land to the West of the said LIG house has been marked as Housing Board's land as per the sale deed, but the size of the same has not been specified in the deed. He submits that the land on which the claim is made by the petitioner is of the regular size, which can be utilized by any independent person and that is how, it was allotted to Smt. Manju Prasad. He then submits that lottery was earlier cancelled, which was challenged before the High Court and the High Court has quashed the same and in view of that, Smt. Manju Prasad again came into possession. He submits that in view of that, the claim of the petitioner is unwarranted and the writ petition is fit to be dismissed.

6. Learned counsel for the petitioner submits that so far as W.P.(C) No.2238 of 2023 is concerned, pursuant to advertisement issued in the year 1960, the petitione