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. 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 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.17/5 situated at Harmu Housing Colony, Ranchi and all the petitioners were illegally directed to vacate the said houses on the ground that the petitioners of the said writ petitions have already retired from the service and by the aforesaid notices it was informed that the Housing Board is empowered to take penalty three times the rental of Rs.1,050/- per month, and for issuance of an appropriate writ/order/direction or a writ in the nature of mandamus commanding upon the respondents to sell the Rental House No.R-11/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6570 of 2016, Rental House No.R-25/6 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6576 of 2016, Rental House No.R-18/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6604 of 2016, Rental House No.R-20/6 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6606 of 2016, Rental House No.R-22/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6877 of 2016 and Rental House No.R-17/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.3805 of 2019 provided by the Housing Board to the writ petitioners in terms of the notice published in Hindustan Newspaper dated 21.07.2013 issued by the Jharkhand State Housing Board, Ranchi as per the decision of the State Government; who are the actual allottees of the said Flats on rent-cum-purchase basis but the same has not yet been finalized. In the said writ petitions, further prayer has also been made for issue of writs/orders/directions commanding upon the respondents to handover the aforesaid flats to the respective writ petitioners who have already submitted documents as per Notice published in Hindustan Newspaper dated 21.07.2013 issued by the Jharkhand State Housing Board, Ranchi. 2. The brief facts of the writ petitioners of these writ petitions is that the petitioners were earlier appointed in different capacities in Erstwhile Bihar State Housing Board and were allotted different rental houses as already indicated above in the foregoing paragraph of this judgment in respect of which,` prayer has been made by the writ petitioners in respect of their allotted rental houses. The petitioner of W.P. (C) No.6570 of 2016 ultimately retired as Assistant Engineer on 31.08.2008, the petitioner of W.P. (C) No.6576 of 2016 ultimately retired as Executive Engineer on 31.12.2012, the petitioner of W.P. (C) No.6604 of 2016 ultimately retired as Accountant on 31.01.2008, the petitioner of W.P. (C) No.6606 of 2016 ultimately retired as Executive Engineer, the petitioner of W.P. (C) No.6877 of 2016 ultimately retired as Senior Accounts Clerk on 31.01.2013 and the petitioner of W.P. (C) No.3805 of 2019 ultimately retired as Junior Engineer on 31.07.2010 but the said petitioners continued to keep their family in the respective houses which were allotted to them on rental basis and have continued to pay monthly rent regularly till date and on 21.07.2013, the Jharkhand State Housing Board, Ranchi published a notice in the daily newspaper Hindustan for sale of flats in terms of rental-cum-purchase basis as per the direction of the State Government to eighty eight (88) actual allottees including the writ petitioners. The writ petitioners being the allottees included in the said notice, submitted their documents to the Executive Engineer, Housing Board, Ranchi for purchasing the respective flats allotted to them during service period and occupied by them even after their superannuation with all necessary details including the affidavit. The writ petitioners being the allottees included in the said notice, submitted their documents to the Executive Engineer, Housing Board, Ranchi for purchasing the respective flats allotted to them during service period and occupied by them even after their superannuation with all necessary details including the affidavit. Vide letter No.69 dated 14.01.1991 issued by the Joint Secretary, Housing Department, Government of Bihar to the Chairman-cum-Managing Director, Bihar State Housing Board, Patna, it was made clear that the rental flats of the Housing Board are not Government Flats and that is why it was always available for rental-cum-purchase basis to the actual allottees, the copy of the said letter has been annexed as Annexure-3 to W.P. (C) No.6570 of 2016, Annexure-4 to W.P. (C) No.6576 of 2016, Annexure-4 to W.P. (C) No.6604 of 2016, Annexure-4 to W.P. (C) No.6606 of 2016 and Annexure-3 to W.P. (C) No.6877 of 2016. The petitioners of all these six writ petitions submit that at similar situation one Anil Kumar Sinha who retired as In-charge Assistant Engineer got his Staff Flat No.6/6 at Adityapur, Jamshedpur allotted vide Memo No.4542 dated 20.11.1997 purchased on Hire-Purchase basis from the Housing Board vide Memo No.928/Aa dated 05.06.2010 issued by the Housing Board, Ranchi and an agreement was entered into between the parties. Similar, is the case of one Srimati Soni Prasad- Junior Engineer who got her Rental Flat No.R-9/6 at Harmu Housing Colony, Ranchi allotted and similarly situated twelve (12) persons at Adityapur have been given the option to purchase on Hire-Purchase basis from the Housing Board, Ranchi. The writ petitioners claim parity with the similarly situated persons who have been allotted the houses. 3. It is the further case of the writ petitioners that suddenly the petitioners received letter from the Housing Board to vacate the respective rental flats allotted to them with immediate effect after retiring from the Housing Board and the same was replied accordingly and the said intimation was replied by the writ petitioners jointly with other allottees for consideration for sale of the said quarters on the basis of the notice published in Hindustan Newspaper dated 21.07.2013. Subsequently, the respondent- Housing Board issued another notice through the respondent No.8 directing the writ petitioners to vacate their allotted rental house within ten days further adding that the Housing Board is empowered to take penalty three times of the rent of Rs.1,050/- per month. Subsequently, the respondent- Housing Board issued another notice through the respondent No.8 directing the writ petitioners to vacate their allotted rental house within ten days further adding that the Housing Board is empowered to take penalty three times of the rent of Rs.1,050/- per month. It has also been pleaded by the writ petitioners that the Housing Department, Government of Jharkhand has accepted some wrong done in sale of rental flats and directed to investigate the entire process of sale of rental flats and further directed to give effect to the notice published in the Hindustan Newspaper dated 21.07.2013 issued by the Jharkhand State Housing Board, Ranchi but the petitioners have not obtained the letter of purchase from the Housing Board. Hence, it is submitted that the prayers as made in these writ petitions, be allowed. 4. Learned counsel for the respondents on the other hand vehemently opposes the prayer of the writ petitioners and submits that the respective flats occupied by the writ petitioners as mentioned above, have been earmarked as staff quarters to be allotted to the serving employees of the Jharkhand State Housing Board (J.S.H.B.), Ranchi and similar other Government organizations during the period of their posting at Ranchi and the houses are of such nature hat they can be retained by the employees of the Jharkhand State Housing Board (J.S.H.B.) so long they are the employees of the Jharkhand State Housing Board (J.S.H.B.) and posted at Ranchi. The houses in occupation of the writ petitioners, were never allotted to them as an original applicant in their individual capacity. The petitioners never applied for the allotment of the flats in question as per the provisions contained and the procedure laid down in Chapter-2 and 3 of the Jharkhand State Housing Board Disposal and Management of Land Assets Regulations, 2004 in their individual capacity. The notice published in Hindustan Newspaper dated 21.07.2013 is purely by mistake and not as a conscious policy decision to allot the flats in question to the persons whose names appear therein. 5. The notice published in Hindustan Newspaper dated 21.07.2013 is purely by mistake and not as a conscious policy decision to allot the flats in question to the persons whose names appear therein. 5. Learned counsel for the respondents further submits that the allotment has been made to Sri Anil Kumar Sinha, Srimati Soni Prasad and others on hire-purchase basis but it was an act of gross illegality committed by the then officials of the Jharkhand State Housing Board (J.S.H.B.) in gross violation of the established rules for the purpose and it was a product of a collusive deal between the allottees and the then officials of Jharkhand State Housing Board (J.S.H.B.). 6. On being asked by the Court as to whether such allotment on hire-purchase basis to Sri Anil Kumar Sinha, Srimati Soni Prasad and others has been cancelled or any disciplinary action has been taken against the officials of the Jharkhand State Housing Board (J.S.H.B.) who in gross violation of the established rules, have entered into a collusive deal with the allottees?; learned counsel for the respondents submits that she has no information regarding the same. 7. Learned counsel for the respondents next submits that it is a settled principle of law that a mistake can always be corrected at any point of time and in view of the settled legal proposition, the mistake by Jharkhand State Housing Board (J.S.H.B.) as mentioned in Annexure-1 cannot be a ground for allotment of the flats in question to the petitioners. Hence, it is submitted that these writ petitions, being without any merit, be dismissed. 8. Hence, it is submitted that these writ petitions, being without any merit, be dismissed. 8. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the undisputed fact remains that the writ petitioners were the allottess of the rental houses in question occupied by each of them for more than several decades as the allotment of Rental House No.R-11/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6570 of 2016 since January, 1977, Rental House No.R-25/6 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6576 of 2016 since 01.03.1984, Rental House No.R-18/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6604 of 2016 since 06.10.1997, Rental House No.R-20/6 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6606 of 2016 since 17.11.1992 and Rental House No.R-17/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.3805 of 2019 since 17.11.1992. The undisputed fact remains that they are still in occupation of the respective houses. The undisputed fact also remains that the similarly placed persons being Sri Anil Kumar Sinha, Srimati Soni Devi and others have been given the similarly occupied houses on hire-purchase basis. There is no material in the record to show that even though the respondent- Jharkhand State Housing Board (J.S.H.B.) Claims that such allotment on hire-purchase basis is illegal but neither such allotment has been cancelled nor any action has been taken against the errant employees of the Jharkhand State Housing Board (J.S.H.B.). Perusal of the record reveals that keeping in view the facts of the occupation of the rental houses in question by the writ petitioners and in the 23rd meeting of the Jharkhand State Housing Board (J.S.H.B.) dated 20.11.2008 at item No.5, it was decided by the Board that the original allottees whose applications have been cancelled but who are in occupation after such cancellation, have been allotted the house on rent-cum-purchase basis. Consequent upon the same, the said decision in the Board meeting, a notice was published in the newspaper on 21.07.2013 calling upon the writ petitioners to submit application for allotment of the said rental houses on rent-cum-purchase basis. Consequent upon the same, the said decision in the Board meeting, a notice was published in the newspaper on 21.07.2013 calling upon the writ petitioners to submit application for allotment of the said rental houses on rent-cum-purchase basis. The Government in the Housing Department through its Secretary has intimated the Managing Director of the Jharkhand State Housing Board (J.S.H.B.) for allotment of the rental flats to the original allottees on rent-cum-purchase basis. It also remains undisputed that the rental houses in question are not Government Flats and they are available for rental-cum-purchase basis to the actual allottees. 9. Under such circumstances, this Court is of the considered view that the respondents are not entitled to discriminate and deny the same facility as was granted to the similarly placed persons namely Sri Anil Kumari Sinha, Srimati Soni Prasad and others admittedly by the respondents to whom such facilities has been extended and there is no material in the record to suggest that such allotment has been cancelled in favour of Sri Anil Kumari Sinha, Srimati Soni Prasad and others though more than 13 years has already been passed. 10. 10. Under such circumstances, this Court is inclined to allow the prayer of the writ petitioner of W.P. (C) No.6570 of 2016 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 , allow the prayer of the writ petitioner of W.P. (C) No.6576 of 2016 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 allow the prayer of the writ petitioner of W.P. (C) No.6604 of 2016 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, allow the prayer of the writ petitioner of W.P. (C) No.6606 of 2016 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, allow the prayer of the writ petitioner of W.P. (C) No.6877 of 2016 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 and allow the prayer of the writ petitioner of W.P. (C) No.3805 of 2019 to quash the Notice No.922 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. 11. Accordingly, the Notice No.923 dated 27.09.2016 as prayed for by the petitioner of W.P. (C) No.6570 of 2016, the Notice No.926 dated 27.09.2016 as prayed for by the petitioner of W.P. (C) No.6576 of 2016, the Notice No.927 dated 27.09.2016 as prayed for by the petitioner of W.P. (C) No.6604 of 2016, the Notice No.692 dated 23.07.2016 as prayed for by the petitioner of W.P. (C) No.6606 of 2016, the Notice No.943 dated 27.09.2016 as prayed for by the petitioner of W.P. (C) No.6877 of 2016 and the Notice No.922 dated 27.09.2016 as prayed for by the petitioner of W.P. (C) No.3805 of 2019, are quashed and set aside. 12. 12. The respondent No.6 being the Managing Director, Jharkhand State Housing Board, Ranchi is directed to allot the Rental House No.R-11/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6570 of 2016, Rental House No.R-25/6 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6576 of 2016, Rental House No.R-18/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6604 of 2016, Rental House No.R-20/6 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6606 of 2016, Rental House No.R-22/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.6877 of 2016 and Rental House No.R-17/5 situated at Harmu Housing Colony, Ranchi to the writ petitioner of W.P. (C) No.3805 of 2019 on rent-cum-hire purchase basis in terms of the notice published in Hindustan Newspaper dated 21.07.2013 issued by the Jharkhand State Housing Board, Ranchi after calling upon the petitioners to deposit the present market price to be deposited by the petitioners within a period of three months from the date of this judgment. 13. These writ petitions are disposed of accordingly.