Suresh Prasad Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13161 of 2018 ====================================================== Suresh Prasad Gupta Son of Late Nemchand Sah, Resident of MohallaChawar Takiya, P.O.- Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Managing Director, Bihar State Housing Board 6 Sardar Patel Marg, Patna, Bihar.

3.

The Secretary, Bihar State Housing Board 6 Sardar Patel Marg, Patna, Bihar. 4.

The Executive Engineer, Bihar State Housing Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar, Advocate For the Respondent/s :

Mr.Abbas Haidar- SC 6 :

Mr. Ranjay Kr. Singh, AC to SC 6 For the Housing Board :

Ms. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2022 Though the present writ petition was filed for giving possession of Plot no. 3M/304 situated at Mohalla-Digha, District-Patna, however the respondent- Housing Board has filed a counter affidavit, wherein it has been stated that the State Government has notified the Digha Acquired land Settlement Act, 2010 vide notification dated 27.11.2013 and Section 4 thereof, postulates that the allotments in question shall be cancelled and the amount deposited by the allottees shall be refunded forthwith, along with compound interest @ 8% per annum. In such view of the matter, the learned counsel for the petitioner submits that the respondent- Housing Board be

Patna High Court CWJC No.13161 of 2018(2) dt.05-09-2022 2/2 directed to refund the amount deposited by the petitioner along with 8% compound interest.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off, however, with a direction to the respondent- Housing Board to refund the amount deposited by the petitioner along with 8% compound interest upon the petitioner filing requisite application in Form-C. It is needless to state that the amount in question shall be refunded by the respondent- Housing Board, within a period of 04 weeks of the petitioner filing requisite application for refund of the amount, along with compound interest @ 8% per annum.

(Mohit Kumar Shah, J) rinkee/- U