Shiv Kumar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11102 of 2016 ====================================================== Shiv Kumar Sharma Son of Late Diwan Amarnath Mohalla - Rajendra Path, Bauli Gali, Nai Godown, P.S. - Kotwali, District - Gaya, Postal Address National Insurance Co. Ltd., 85, G.B. Road, P.S. - Civil Lines, District - Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Commissioner-cum-Secretary, Urban Development Department, Government of Bihar, Patna.

3.

The Commissioner, Building Construction and Housing Department, Government of Bihar, Patna.

4.

The Managing Director, Bihar State Housing Board, Patna. 5.

The Estate Officer-cum-Additional Secretary, Bihar State Housing Board, Patna.

6.

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

For the Petitioner/s :

Mr.Ramakant Sharma Sr. Adv :

Mr. Rakesh Kumar Sharma Adv For the State :

Mr. Ramadhan Singh GP 25 For the Housing Board :

Mr. Pawan Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 The present writ petition has been filed seeking the following relief:- "That this is an application for issuance of an appropriate writ/ writs, order orders, direction/ directions to the respondent authority to act as per the undertaking/ compromise/

2/4 settlement of the issue made before Mega Lok Adalat held at the Hon'ble Patna High Court on 12.07.2014 in presence of member of Lok Adalat i.e.

Member (Judicial) Hon'ble Mr. Justice Ahsanuddin Amanullah and Member (Legal Profession) Mr. Jitendra Kumar Roy both contesting parties willing to resolve the issue relating to the allotment of unit of house/ plot under MIG Scheme in pursuance of the application submitted by the Late father of petitioner and registration for allotment was made on 03.12.1981 under receipt no. 587490, accordingly earnest money Rs.

6,500/- deposited and accepted vide receipt no. 87367 dated 13.01.1982 and since matter relating to allotment has been kept pending and such pendency necessitated to raise the issue before Hon'ble High Court by filing CWJC No. 1442 of 2012 and thereon under an agreement matter has been resolved by award that settlement relating to allotment shall be made within 3 months under one time settlement but still decision has not been taken by the respondent

3/4 authority by keeping the issue pending."

At the outset, the learned senior counsel for the petitioner submits that the petitioner would be submitting an application before the respondent authorities in terms of the compromise entered into between the parties before the learned Lok Adalat held at the Hon'ble Patna High Court, Patna on 12.07.2014, expressing his willingness for one time settlement pertaining to allotment of MIG plot, hence, the respondent authorities be directed to consider the same and take a decision, expeditiously.

Accordingly, I deem it fit and proper to dispose off the present writ petition, granting liberty to the petitioner to file an application before the Bihar State Housing Board, Patna expressing his willingness for one time settlement, pertaining to allotment of MIG plot and in case such an application is filed within a period of four weeks from today, the respondent-Board shall take a decision within a period of six weeks, thereafter and a copy of the

4/4 same shall also be communicated to the petitioner, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U