ORDER : 1. Learned counsel for the petitioner after serving the copy of the supplementary affidavit to the counsel for the respondent has prayed that the same may be taken on record. The supplementary affidavit taken on record. 2. This writ petition is filed under Article 226 of the Constitution of India whereby and where under the writ in the nature of certiorari has been sought to be issued for quashing of letter No.1617 dated 03.09.2016 as also letter No.616/A dated 12.07.2016 as contained under Annexure-9/1 to the writ petition by which the claim of the petitioner for allotment of the house in question has been rejected. 3. It is the case of the petitioner that the house No.101/2-2 which has been constructed for the industrial employees and considering the inconvenience of the father of the petitioner namely Late Janardan Prasad Sinha, who was working as Senior Accounts Clerk, Housing Board, Jamshedpur was allotted on account of the fact that no house was available to be allotted and one Flat No.5/1 since was allotted in the name of one Ram Shekhar Prasad, Electrician but he was transferred to Patna Division and in consequence thereof, after lapse of the period of six months, his allotment has been cancelled and allotted to the father of the petitioner with some conditions one of which is that when the petitioner would be transferred from the Jamshedpur Division, the possession of house in question would be handed over in favour of the Housing Board. The father of the petitioner thereafter has retired from service and after death of his father Late Janardan Prasad Sinha, the said house is in occupation of dependents i.e. the wife and son but sometime in the year 2016 the wife has also died, thereafter, the house in question is in occupation of his son/petitioner who has made an application for allotment of the said house but the same has been rejected by the competent authority of the Housing Board vide the decision taken in this regard on 03.03.2016 and 12.07.2016 as contained under Annexure-9 and 9/1 respectively whereby and where under the request for allotment of the said house has been rejected. 4. 4. The petitioner has assailed the aforesaid order on the ground that the house since long has been allotted as would be evident from Annexure-1 dated 05.03.1979 and since then he was residing in the aforesaid house and as such he has got a right for reallotment of the said house in his favour. Learned counsel for the petitioner has relied upon one regulation as Bihar State Housing Board (Management and Disposal of the Housing Estates) Regulation, 1983 there is a provision under regulation 8, to the effect that a dwelling unit or flat or house site shall be allotted only to such persons- (a) Who must be a citizen of India. (b) Who must be domain in Bihar. (c) Who shall have attained the age of maturity at present 18 years and not insolvent under law on the date of filing application, and (d) Who or his wife/her husband or his/her dependent minor children do now own any land or house fully or partly either on free hold or lease-hold basis in the town within 8 k.m. of the area of the Municipal Corporation, Municipality or notified Area committee or area of the housing estate of the Board, improvement trust or any other Government undertakings for which application is made. For which application is made therefore, it is the stand of the petitioner that under the provision of regulation the case of the petitioner ought to have been considered by the authority but ignoring the said provision for which the aforesaid provision has been made under the Regulation, 1983 has been given go-by and therefore the case of the petitioner needs fresh consideration the by the respondent authorities of the Jharkhand State Housing Board. While on the other hand Dr. While on the other hand Dr. Ashok Kumar Sinha, learned counsel appearing for the Housing Board has submitted that the Bihar State Housing Board has also been bifurcated and a new Housing Board was constituted in the year 2000 and the new enactment has been enacted by the State of Jharkhand known as Jharkhand Housing Board Act, 2000 wherein the procedure for allotment of the houses has been provided i.e. to be made through wide publication in the daily newspaper by inviting attention to all concerned for the participation in the process of allotment and on receipt of the application, the allotment is decided to be made in pursuance to the provision of law through lottery and therefore, if any allotment would be made contrary to the aforesaid procedure laid down under the Rules, 2000 the same de hors the rule and as such it would not be permissible. He has further submitted by rebutting the stand taken by the learned counsel for the petitioner to the effect that the reliance having been placed on the Regulation, 1983 of the Bihar State Housing Board that the para-materia provision has been made in the Jharkhand State Housing Board (Management and Disposal of Residential Real-estate) Regulation, 2004 which has been enacted in pursuance to the power conferred under Section 28(3) of the Jharkhand State Housing Board Regulation, 2000 wherein at Chapter-1 regulation has been inserted which contains the provision for consideration of the candidature of one or the other candidates and as exception one of the condition is to consider to allot the house to the widows/ disabled person/ or minor but the petitioner is not falling under either of the category and as such he is not entitled to get any benefit. 5. Having heard the learned counsel for the parties and on appreciation of their rival submissions it is evident from the material available on record as also gathered by this Court from the argument advanced on behalf of the learned counsel for the parties wherefrom sole question raised by the learned counsel for the petitioner regarding the question of decision of the authorities of the Housing Board by which the claim of the petitioner for allotment of house has been rejected. 6. 6. It needs to refer that the whole purpose for establishing Housing Board is to get the land acquired through the State Government and allot it in favour of the people who are in middle or lower income group in order to provide the facility for accommodation on cheaper rate and keeping the fact into consideration the procedure as has been laid down by the Bihar State Housing Board before its bifurcation which has been adopted by the Jharkhand State Housing Board, after its constitution for allotment of the house is to notify applications by making wide publication for knowing it to people in general so that there may be maximum participation in the process of selection. It is further evident that to make the process of selection unquestionable, the process of lottery has been decided to be followed. 7. These provisions stipulates that in the allotment of the house, the transparency and fairness is to be followed. The admitted position herein is that the father of the petitioner namely Janardan Prasad Sinha was working as Senior Clerk in the Jharkhand Housing Board posted at other Division, but due to non-availability of house, the authorities of the Jharkhand State Housing Board has facilitated by providing the quarter which was allotted in the name of Ram Shekhar Prasad who was enjoying the allotment even if its transferred from Patna, therefore, his allotment has cancelled and subject to the certain condition reflected under Annexure-1 dated 05.03.1979 wherein condition is that in case of transfer of father of the petitioner, will have to handover the possession of the house, subject to that condition allotment of house has been accepted by the father of the petitioner and he has started residing in the house along with his family members. The father of the petitioner has died thereafter the said house was occupied by his mother/widow, sometime in the year 2016 has died and thereafter the said house is in occupation of the petitioner who happens to the son of late Janardan Prasad Sinha. The father of the petitioner has died thereafter the said house was occupied by his mother/widow, sometime in the year 2016 has died and thereafter the said house is in occupation of the petitioner who happens to the son of late Janardan Prasad Sinha. The petitioner on the ground of occupation of the said house since 1979, has made an application before the authorities of the Jharkhand State Housing Board for consideration of the allotment of the said house but the same has been rejected on the ground as stipulated in the communication dated 12.07.2016 as contained Annexure-9/1 reiterating the condition of allotment as reflected in the condition dated 05/03/1979 and therefore, considering the facts that the wife of Late Janardan Prasad Sinha deceased employee, has also died and the claim for re-allotment in favour of the son, has been rejected. The question of legality and propriety of the aforesaid decision as has been raised in this writ petition, this Court has examined the legal position of allotment as provided under the Jharkhand State Housing Board Rule, 2000 as referred hereinabove and since there is no provision of allotment of house by way of compassion in favour of the major son, therefore, the decision taken by the authority cannot be said to suffer from infirmity it is for the reason that if any order would be passed for allotment of the house in favour of the major son/petitioner it will de hors the rule. Learned counsel for the petitioner has relied upon the Regulation 8 of the Bihar State Housing Board (Management and Disposal of the Housing Estates) Regulation, 1983 reads as follows:- (a) Who must be a citizen of India. (b) Who must be domain in Bihar. (c) Who shall have attained the age of maturity at present 18 years and not insolvent under law on the date of filing application, and (d) Who or his wife/her husband or his/her dependent minor children do now own any land or house fully or partly either on free hold or lease-hold basis in the town within 8 Km. of the area of the Municipal Corporation, Municipality or notified Area Committee or Area of the housing estate of the Board, improvement trust or any other Government undertakings for which application is made. of the area of the Municipal Corporation, Municipality or notified Area Committee or Area of the housing estate of the Board, improvement trust or any other Government undertakings for which application is made. Pera-materia provision has been provided in the Regulation, 2004 which has been enacted in terms of the power conferred under Section 28(3) of the Jharkhand Housing Board Rule, 2000 which contains similar provision of exception for allotment of house i.e. deserted/helpless widow and for disabled. This Court has examined the aforesaid provision it transpires wherefrom that the exception has been carved out in order to allot the house in favour of his wife/her dependent minor children, the same provision is not applicable herein, since the petitioner is not coming under any of the condition and as such the contention of the petitioner is not worth to be considered. 8. In view thereof and in the entirety of facts and circumstances this Court is not inclined to exercise the jurisdiction conferred under Article 226 of the Constitution of India for issuance of writ of certiorari for quashing the impugned order since the writ of certiorari can only be issued by the High Court sitting under Article 226 of the Constitution of India if there is error apparent on the face of record or the order has been passed beyond jurisdiction or there is any jurisdictional error, but herein, none of the ground has been raised rather this Court has come to the finding that the order passed by the authority is based upon the reasoning and the provision of law. 9. Accordingly, the writ petition fails and is dismissed.