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2018 DIGILAW 537 (JHR)

Samuel Murum Soy v. State Of Jharkhand

2018-03-07

ANUBHA RAWAT CHOUDHARY

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JUDGMENT Anubha Rawat Choudhary, J. – Counsel for the petitioner is absent. 2. Counsel for the respondent-State is absent. 3. Heard Mr. Jagdeesh, Advocate appearing on behalf of the respondent nos. 3, 4 and 5. 4. This writ petition has been filed for the following reliefs: (a) For quashing the letter contained in memo no.1/allotment 07/2011/287 dated 12/07/2013 at Annexure-4, passed by the Secretary, Housing and urban Development Department, Govt. of Jharkhand, whereby and whereunder, according to the petitioner the said authority has arbitrarily and illegally, directed the Managing Director Jharkhand, Housing Board to cancel the entire lottery process for allotment of houses and plots held on 20/08/2011. (b) For quashing of order contained in allotment letter No.1/Allotment-07/2011/192 dated 21/03/2015 at Annexure-5 passed by Respondent Secretary Government of Jharkhand Housing Department whereby and whereunder has directed the board Authority to cancel the entire lottery process held on 20/08/2011 and re-allot the plots and houses by fresh draw of lots. (c) The petitioner further prays for quashing of order dated 30/05/2015 at Annexure-6 by which the Estate Officer, Jharkhand State Housing Board, asked the petitioner for consent for re-allotment process otherwise it will presume that you are not willing in reallotment lottery process. (d) For staying of operation of memo no.1/ allotment-07/2011/287 dated 12/07/2013, Letter no.1/allotment/07/2011/192 dated 21/03/2015 and letter dated 30/05/2015 till the disposal of instant writ application. 5. Mr. Jagdeesh, counsel appearing on behalf of the respondent nos.3, 4 and 5 submits that the instant writ petition has become infructuous as the case of the petitioner is covered by order passed by this Hon''ble Court in W.P.(C) No.1346 of 2015 which has been filed along with counter-affidavit wherein the aforesaid letter dated 21.03.2015 has already been quashed. 6. As the grievance of the petitioner has already been redressed in view of quashing of letter dated 21.03.2015 as contained in Annexure-5 to this writ petition in W.P.(C) No.1346 of 2015, therefore this writ petition has become infructuous. 7. This writ petition is accordingly dismissed as not pressed.