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. 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 petitioner applied for allotment of 2K/3K/M type house in Bariatu Housing Colony and after following due process of law, the petitioner was allotted House No.3K/44 including the land appertaining thereto on absolute sale basis as per the terms and conditions of the Hire Purchase Agreement measuring area 0.77 acres (P/7) situated at Bariatu Housing Colony, Ranchi by absolute sale deed dated 13.08.1990. He submits that thereafter the petitioner is in continuous possession. He submits that on the said cut-plot, there is existing drainage and water pipeline. He submits that thereafter the petitioner is in continuous possession. He submits that on the said cut-plot, there is existing drainage and water pipeline. He further draws attention of the Court to the said Regulation, 2004 and submits that in view of that provision, the petitioner is entitled for cut-plots/scattered plots and, as such, appropriate direction may kindly be issued upon the Jharkhand State Housing Board. 7. Per contra, learned counsel for the Jharkhand State Housing Board submits 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 on 20.08.2011 and plot nos. CH-29 (2666 sq. ft.) and CH-30 (2015 sq. ft.) were duly allotted to Sri Shivadhari Tiwari and Sri Manoj Ram, contained in Annexures-B and C of the counter affidavit respectively He submits that the plot is of regular size and can be utilized by individual person and, as such, this petition is misconceived one. 8. In view of the above submissions of the learned counsel for the parties, the Court has gone through the materials on record and finds that it is an admitted position that in W.P.(C) No.2234 of 2023, L.I.G. House No.2K/83 was allotted to the petitioner and the land on which the claim is being made, has already been allotted to another person as it was separate plot of full size and the Regulation, 2004 speaks of handing over only the cut-plot which cannot be utilized and, as such, the claim of the petitioner is misconceived. 9. For ready reference, Regulations 2(xxxi) and 30 of the Jharkhand State Housing Board (Management and Acquaintance of Residential Estate) Regulation, 2004 read as under: “2(xxxi) Scattered (Cut) plot means those plots which remained unallotted as a piece / part after development/ allotment of the dwelling units and it is not fit to be allotted independently for housing. But in the following circumstances scattered piece of plot shall not be fit to be allotted if: (i) It is a part of proposed road or park. (ii) Sewer line, water drainage and water supply pipeline passes through it. (iii) Any other scheme of the Housing board is proposed thereon.” "30. But in the following circumstances scattered piece of plot shall not be fit to be allotted if: (i) It is a part of proposed road or park. (ii) Sewer line, water drainage and water supply pipeline passes through it. (iii) Any other scheme of the Housing board is proposed thereon.” "30. Allotment of scattered (cut) plots shall be made under the following procedure by the Housing Board:- (A) On receipt of the application for carrying out allotment the same shall be scrutinized by the Executive Engineer of the concerned Division and the report shall be submitted to the Housing Board. (B) On finding the inquiry report in conformity with the provision of section 2 (XXXI), allotment shall be made after receiving installment in one lump sum, determining the latest/ present commercial value. (C) Allotment of scattered plot shall be made among such allottees against whose name estate is already allotted in nearby / front-rear(place). (D) If the scattered plot to be allotted is attached in a similar manner to earlier allotted plot/flat of more than one allottees, in such circumstance, opportunity for getting allotment shall be given to the concerned allottees by issuing notice. If more than one allottee is ready to give value of the plot in one lump sum at a commercial rate then the decision of allotment among them shall be made through the draw of lottery. (E) The allotment of scattered plot situated in the residential area shall not be made for the commercial purpose.” 10. The statement is already made in paragraph no.8 of the counter affidavit filed in W.P.(C) No.2238 of 2023 that the plot on which the petitioner has claimed, that has already been allotted to two persons, contained in Annexures-A and B of the counter affidavit, which further suggests that the plot is of regular size and it can be utilized by individual person. 11. In view of the above facts, reasons and analysis, the Court finds that on the basis of the cut-plot and in light of the Jharkhand State Housing Board (Management and Acquaintance of Residential Estate) Regulation, 2004, the claim has been made in both the writ petitions, however, those plots are not cut-plots in light of the said Regulation, 2004, as such, no relief can be extended to the petitioners. 12. Accordingly, these petitions are dismissed. 13. Pending I.A., if any, is disposed of.