Basanti Devi vs Union of India

Heard learned counsel for the petitioner and the State.

The decision of the respondent-Housing Department dated 21.03.2015 and that of the Housing Board dated 07.04.2015 impugned in the present writ application were the subject matter of challenge in a Batch of writ petitions led by W. P. (C) No. 1346 of 2015 in case of Vijay Shankar Jha and Ors. Vs. State of Jharkhand and Ors. along with other analogous cases. Vide judgment dated 10.12.2015 passed by a Co-ordinate Bench of this Court, the impugned decision dated 21.03.2015 was quashed as being in violation of principles of natural justice. Consequently the decision of the respondent-Housing Board in its 40th Meeting held on 07.04.2015 cancelling the allotment in favour of the petitioners was also quashed. The writ petitions were allowed. Copy of the judgment has been produced by the learned counsel for the petitioners.

Learned counsel for the petitioners submits that after quashing of the decision, the grievances of the petitioners do not survive. Further the respondent-Board has issued show cause notice to the petitioners in compliance of the principles of natural justice to which the petitioners have also responded. However, final decision in that regard is awaited.

Learned counsel for the respondents do not dispute that the impugned decision of the State and the Housing Board have already been quashed in a batch of cases led by W. P. (C) No. 1346 of 2015.

In that view of the matter, the cause of action of the petitioners raised in the instant petition does not survive. The writ petition is accordingly disposed of.