Narendra Singh v. The Bihar State Housing Board Through The Managing Director And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12445 of 2017 ====================================================== Narendra Singh, son of Sri Gazanand Bahadur, C.O.- Sunil Singh, residence of village- Ekawana, P.S. Barhara, District-Bhojpur, at presently-LH-1/49 (Phase-1) Dalpatpur, Chandawa, P.S.- Nawada, District- Bhojpur, Ara ... ... Petitioner/s

Versus

1. The Bihar State Housing Board through the Managing Director, Bihar State Housing Board, 7th Mangal Road, Patna.

2. The Managing Director, Bihar State Housing Board, 7th Mangal Road, Patna.

3. The Manager, the Estate of Bihar State Housing Board, Patna.

4. The Executive Engineer, Bihar State Housing Board, Jan Swasth Pramandal, Bhuth Nath Road, Bahadurpur, Patna.

5. The Assistant Engineer, Bihar State Housing Board, Dalpatpur, Chandawa, Ara, Bhojpur.

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

For the Petitioner/s : Mr.Gopal Govind Mishra, Advocate For the Bihar State Housing Board: Ms. Binita Siingh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-04-2023 The present writ petition has been filed seeking the following reliefs:- "(1) (i). For direction to the respondent authorities for consideration of the allotment of the house no.- L.H./01/49 to the petitioner in accordance with law as the proceeding for allotment of the aforesaid house is pending for

Patna High Court CWJC No.12445 of 2017(2) dt.19-04-2023 2/3 adjudication on the basis of the application filed by the petitioner and the proceeding was initiated by the respondent authority after approval from the state.

(ii). For quashing the order dated 18-07-2017 issued Bihar State Housing Board by the competent tribunal (Sachham Pradikar) of the Bihar State Housing Board in encroachment case no.

169 of 2016 during the pendency of the proceeding for allotment of the aforesaid house was pending for adjudication before respondent authorities and stay the operation of order dated 18-07-2017 during pendency of this writ petition."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent-authorities for consideration of his prayer made in paragraph no.1(i) hereinabove and as far as prayer made in paragraph no.1(ii) is concerned, he seeks liberty to file appeal against the order dated 18.07.2017, passed by the Competent authority, Bihar State Housing

Patna High Court CWJC No.12445 of 2017(2) dt.19-04-2023 3/3 Board, Patna in Eviction Case No.169 of 2016. Liberty, so sought, is granted.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) kanchan/- U