1. The present writ petition has been filed for quashing the letter dated 27.6.2006 issued by the Respondent No. 5 directing the original petitioner to
make additional payment of Rs. 92,018/- with respect to plot bearing M.P. No. 115 situated at Sadha Chapra, as also for quashing the order dated
22.4.2014 issued by the Chairman, Price Fixation Committee, Bihar State Housing Board, Patna whereby illegal extra payment has been fixed /
demanded for execution of final deed of transfer and finally, for directing the respondents to execute the final deed of transfer on the basis of the price
already agreed.
2. The brief facts of the case are that the original petitioner had applied for allotment of a plot under the Middle Income Group Scheme at Sadha
Chapra on 9.5.1994, whereafter an allotment letter was issued to the original petitioner herein fixing the price of the land as Rs. 74,425/-.
Subsequently, a hire purchase agreement dated 25.5.1999 was entered into wherein the tentative price was depicted as a sum of Rs. 74,425/-.
Thereafter, the Bihar State Housing Board had again raised a demand of Rs. 92,018/- vide letter dated 27.6.2006, stating therein that since the original
petitioner had defaulted in adhering with the terms and conditions of the agreement, he was liable to pay the aforesaid amount of Rs. 92,018/-.
3. The original petitioner had then approached this Court by filing a writ petition bearing CWJC No. 12585 of 2007 and a coordinate Bench of this
Court by an order dated 1.3.2012 had remanded the matter of the original petitioner to the Price Fixation Committee to consider the case of the
petitioner on merits and pass a speaking order. The Chairman, Price Fixation Committee, Bihar State Housing Board had heard the matter of the
original petitioner and by an order dated 22.4.2014, has come to the conclusion that since the allotment was made to the original petitioner on
31.10.1996 but the agreement was executed in the year 1999, the original petitioner was liable to pay the escalation cost for the interregnum period,
hence, had directed the authorities of the Bihar State Housing Board to inform the original petitioner to pay the additional amount and get the
registration executed.
4. The learned counsel for the petitioners has submitted that the impugned order dated 22.4.2014 is not only perverse but also contrary to the facts of
the case inasmuch as after allotment of the plot to the original petitioner herein, he was first directed on 8.2.1999, only by a letter written by the
Executive Engineer, Bihar State Housing Board, Muzaffarpur Division, to execute an agreement within fifteen days, whereafter immediately the
original petitioner had entered into a hire purchase agreement for the plot in question on 25.5.1999, hence, it is submitted that there has been no delay
on the part of the original petitioner.
5. Per contra, the learned counsel for the Bihar State Housing Board submits that the aforesaid letter dated 8.2.1999 had been illegally written by the
Executive Engineer, Muzaffarpur Division of the Bihar State Housing Board and for that purpose, show cause notice has already been issued to the
Executive Engineer vide letter dated 17.9.2005 and letter dated 2.5.2008.
6. Having regard to the facts and circumstances of the case, this Court is of the view that the finding arrived at by the Chairman, Price Fixation
Committee of the Bihar State Housing Board in its impugned order dated 22.4.2014 is not only perverse but also contrary to the facts of the present
case inasmuch as admittedly for the first time, the petitioner was asked to enter into an agreement only on 8.2.1999 which has not been controverted
by the respondents-Bihar State Housing Board, and immediately thereafter the original petitioner had entered into an agreement on 25.5.1999, thus,
there is no question of penalizing the original petitioner for the laches on the part of the officers of the Bihar State Housing Board and by charging
escalation cost for the interregnum period of about three years i.e. the time gap in between the date of allotment and the date of agreement.
7. In such view of the matter, this Court deems it fit and proper to quash the order dated 22.4.2014 passed by the Chairman, Price Fixation
Committee, Bihar State Housing Board and directs the respondents to discharge their obligation by ensuring that final registration is carried out after
completion of the necessary formalities, since the original petitioner has died, without charging any escalation cost for the interregnum period i.e. for
the period from the year 1996 to 1999.
8. The writ petition stands allowed.
