Shambhu Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15036 of 2017 ====================================================== Shambhu Kumar son of Late Ramdeo Sharma, resident of Village/MohallaRanjeet Concrete Corporation, Barauni Industrial Area, Police StationBarauni, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Principal Secretary, Department of Housing & Urban Department.

2.

The Principal Secretary, Department of Housing and Urban Development, New Secretariat, Patna.

3.

The Bihar State Housing Board, Patna, through its Chairman. 4.

The Chairman, Bihar State Housing Board, 6 Sardar Patel Marg, Patna- 15. 5.

The Secretary-Cum- Manager, Bihar State Housing Board, 6 Sardar Patel Marg, Patna- 15.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrs. Mohini Kumari, Advocate For the State :

Mr.Subhash Pd. Singh-Ga3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-04-2023 The present writ petition has been filed seeking the following relief:- "For issuance of an appropriate Writ, Order or Direction, commanding the respondents specially, the Respondents Nos.3 and 4 either to give the petitioner his long awaited High Income Flat or to give him adequate compensation with up-to-date interest thereon."

At the outset, this Court has been taken to the counter affidavit, filed in the present case, by the Bihar State Housing Board, Patna, wherein it has been stated in paragraph no.11 thereof that

Patna High Court CWJC No.15036 of 2017(2) dt.21-04-2023 2/2 no application for refund of the amount, deposited by the father of the petitioner, has been filed by the petitioner till date, however, as soon as the same is filed, the respondent-Board shall refund the amount in question, as per the provisions laid down in the Bihar State Housing Board Act, 1982 and the Bihar State Housing Board (Management and Disposal of Housing Estate) Regulation, 1983.

Having regard to the fair stand taken by the respondent-Bihar State Housing Board, Patna, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to approach respondent-Bihar State Housing Board, Patna by filing appropriate application for refund of the amount deposited, and in case the said application is filed, within a period of four weeks from today, the same shall be processed and disposed off, within a period of six weeks, thereafter. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U