Case Note & Summary
The dispute arose from the Bihar Housing Board's exclusion of the respondent from a lottery for the allotment of a MIG house in Arrah, despite his application and submission of required documents. The lottery was conducted on 12.1.1983, but only 23 out of 30 applicants were allotted houses. The respondent was not allotted a house due to an alleged defect in his affidavit, which he contested by filing a writ petition (CWJC No.5774 of 1986). The High Court directed the Board to provide details of the rejected applications, but the Board failed to comply. During the writ proceedings, the respondent was offered a different house, which he did not challenge. The learned Single Judge ruled in favor of the respondent, finding the Board's exclusion arbitrary. However, the Division Bench overturned this decision, citing the offer of another house. The Supreme Court, upon reviewing the case, found that the Board had not provided valid reasons for the exclusion and that the respondent was not given a chance to correct any alleged defects. The Court reinstated the Single Judge's order, directing the Board to allot a house to the respondent. The judgment emphasized the need for fair treatment and due process in administrative actions.
Headnote
A) Administrative Law - Writ Jurisdiction - Exclusion from Lottery - Allotment of House - The action of the Bihar Housing Board in excluding the respondent from the lottery held in 1983 was held to be unreasonable and arbitrary. The court directed the Board to allot a house to the respondent as he was not informed of any defect in his application nor given an opportunity to rectify it. Held that the Division Bench erred in setting aside the Single Judge's order (Paras 1-5).
Issue of Consideration
Whether the exclusion of the respondent's application from the lottery held in 1983 was justified.
Final Decision
The Supreme Court allowed the appeal, set aside the Division Bench's order, and restored the Single Judge's order directing the Board to allot a house to the respondent.
Law Points
- Writ jurisdiction
- allotment of houses
- arbitrary exclusion
- reasonable opportunity
