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Patna High CourtMJC/939/2018dismissed

Pramod Kumar v. The State Of Bihar Through Sri Chetan Prasad, The Commissioner Cum Principal Secretary,

2020-02-03Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.939 of 2018 In Civil Writ Jurisdiction Case No.10032 of 2013 ====================================================== 1.

Pramod Kumar S/o Shri Janak Lal Yadav Resident of Village- Basgara, P.O.- Jalehi, P.S.- K. Nagar, District- Purnia.

2.

Dr. Milind Kumar S/o Sri Sadanand Jha Village and Post- Bhawanipur, Navagachiya, District- Bhagalpur.

3.

Sri Taranand Yadav S/o Late Upendra Narayan Yadav Village- Kumariya, P.O.- Parasmani, P.S.- Mirganj, District- Purnea. 4.

Manoj Kumar Yadav S/o Late Sundar Yadav Village- Basagara, P.O.- Jagaili, P.S.- K. Nagar (Sri Nagar), District- Purnea. 5.

Sri Chandra Shekhar Rai S/o Late Satyadev Rai Village- Naharwat, P.O.- Mainagram, P.S.- Mahishi, District- Saharsa.

6.

Pushp Raj Bachchan S/o Bujdev Pd. Yadav Village and P.O. Singhiya, P.S. K. Nagar, District- Purnea.

7.

Smt. Chandrakanta Devi Wife of Arvind Kumar Azad VillageChampanagar, P.O. Banaili, P.S. K. Nagar, District- Purnea. 8.

Pradeep Kumar Gupta S/o Sri Gulab Chaandra Prasad Gupta VillageChampanagar, P.O. Banaili, P.S. K. Nagar, District- Purnea. 9.

Jai Govind Mehta S/o Late Baldev Mehta Village- Prasadpur, P.O. Banaili (Champanagar), P.S. K. Nagar, District- Purnea. 10.

Smt. Sushila Devi H/o Late Kumar Dev Yadav Vill- Mohani, P.O.- Betauna, P.S.- Kasaba, Distt- Purnea.

11.

Hem Narayan Mehta S/o Bhairav Prasad Mehata Vill- Chandi Kathava, P.O.- Rani Patra, Distt- Purnea.

12.

Sri Suresh Kumar Mehata S/o Sri Neva Lal Mehata Vill- Motinagar, P.O.- Ranipatra, Distt- Purnea.

13.

Sri Bimal Kumar Mehata S/o Sri Neva Lal Mehata Vill- Motinagar, P.O.- Ranipatra, Distt- Purnea.

14.

Smt. Padma Kumari W/o Vishvanath Mehata Vill- Chandi Kathava, P.O.- Ranipatra, Distt- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Chetan Prasad, the Commissioner cum Principal Secretary, Department of Urban Development and Housing, Govt. of Bihar, Patna.

2.

The Bihar State Housing Board through the Managing Director, 6 Mangles Road, Patna.

3.

The Manager Estate, Bihar State Housing Board through the Managing Director, 6 Mangles Road, Patna.

4.

The Executive Engineer, Bihar State Housing Board, 6 Mangles Road, Bhagalpur.

Patna High Court MJC No.939 of 2018(3) dt.03-02-2020 2/3 5.

The Assistant Engineer, Bihar State Housing Board, Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

Mr.Subhash Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2020 Heard both sides.

This case has been listed under the heading "For Orders (on office notes)".

Nobody appears on behalf of the petitioners.

Learned counsel for the Housing Board submits that the Housing Board filed show-cause stating the facts that against the order passed in CWJC No.10032 of 2013, the Housing Board preferred L.P.A. No.818 of 2017 and the order of the Hon'ble Single Judge has been modified. The L.P.A. is disposed of. Learned writ court held that notice published in Annexure 5 of the writ petition would not affect the waiting list of the HIG and MIG category of Indra Nagar Residential Colony, Purnea which is the subject matter of the writ application till a final decision upon recommendation of the Divisional Allotment Committee is taken. It is submitted that the Sate Government has already taken decisions and in this view of the fact, the L.P.A. was disposed of by preserving right of the writ petitioners to question the same by filing an appropriate

Patna High Court MJC No.939 of 2018(3) dt.03-02-2020 3/3 application before appropriate forum.

Having considered the facts, this contempt petition appears to have become infructuous. Accordingly, the same is dismissed.

(Prabhat Kumar Jha, J) Harish/- U