Sheel Isser v. The Bihar State Housing Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15411 of 2017 ====================================================== Sheel Isser Wife of Air Marshal Rajesh Issar, Resident of O - 89, Doctors Colony, Kankarbagh, P.S. - Patrakar Nagar, District - Patna at present residing at House no. 158/2, Air Head Quarter, Central Air Command Bamrauli Airport, Indian Air Force, P.S. - Allahabad, Dist - Allahabad U.P.. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Estate Officer, Bihar State Housing Board, Patna, 6, Sardar Patel Marg, Patna.

4.

Renu Sharma Wife of Late Chandrashekhar Sharma Resident of O - 89, Doctors Colony, Kankarbagh, P.S. - Patrakar Nagar, District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar, Advocate Mrs. Archana Sinha, Advocate For Housing Board :

Mr. Anshuman Singh, Advocate For Respondent no.4 :

Mr. Sri Nandan Pd. Singh, Sr. Advocate Mr. Prakritita Sharma,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-04-2023 The learned counsel for the Bihar State Housing Board, Patna seeks to file a counter affidavit, which is taken on record.

The present writ petition has been filed seeking the following reliefs:- "(i) Issuance of writ in the Nature of Mandmas directing the respondents no.

1 to 3 to enquire with respect to the illegal transfer of Plot No.0/89, Doctor's

Patna High Court CWJC No.15411 of 2017(2) dt.26-04-2023 2/3 Co-operative, Lohia Nagar Housing Colony, P.O.-Lohia Nagar, Kankarbagh, Patna and Cancellation of Deed of Lease in Perpetuity dated 23/06/2012 vide Deed No. 22921/2012, Book no. 1, Volume No. 344, Page No. 248 to 263.

(ii) Issuance of writ in the nature of mandamus directing the cancellation of the deed and allotment in favour of respondent no. 4 which has been done illegally.

(iii) Issuance of writ in the nature of mandamus directing the registration of a vigilance case into the affairs of the Bihar State Housing Board and its officials who have been illegally transferring the plots in favour of some family members on the basis of false and fabricated documents ignoring the claim of other family members details of whom are already on record of the allotees."

At the outset, the learned counsel for the petitioner not only seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, but also seeks liberty on behalf of the petitioner to pursue

Patna High Court CWJC No.15411 of 2017(2) dt.26-04-2023 3/3 the pending Title Partition Suit No.189 of 2017. Liberty, so sought, is granted.

The writ petition stands disposed of as not pressed.

(Mohit Kumar Shah, J) kanchan/- U