Lalan Prasad Singh @ Lalan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23387 of 2018 ====================================================== Lalan Prasad Singh @ Lalan Kumar S/o Late Govind Singh Resident of TolaShakarbar, Mokameh, P.O.- Mokamesh, P.S.- Mokamesh, District- Patna, Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar, Principal Secretary, Urban Development & Housing Department, Government of Bihar, Vikash Bhawan, Baeily Road, Patna. 2.

The Bihar State Housing Board, through its Managing Director, 6- Sardar Patel Marg, Patna 3.

The Managing Director, Bihar State Housing Board, 6- Sardar Patel Marg, Patna 4.

The Bhoo-Sampada Padadhikari, Bihar State Housing Board, 6- Bhoothnath Asharm, Patna 5.

The Executive Engineer, Division II, Bihar State Housing Board, Bhoothnath Road, Patna 6.

The Junior Engineer, Bihar State Housing Board, Patna Division No.2, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar, Advocate Mr.Nagesh Dubey, Advocate For the Respondent/s :

Mr.Abbas Haider,Standing Counsel-6 Mr. Ravish Chandra, AC to SC 6 For the B.S.H.B.

:

Mr.Anand Kumar, Advocate Mr.Rajan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-09-2022 The present writ petition has been filed for directing the respondents to execute the Conveyance Deed/ Lease Deed of Flat No. 7HF, 6/34, HIG flats, Bahadurpur Housing Colony in the name of the petitioner who is the original allottee and who is stated to have been allotted the said flat by the respondent Bihar State Housing Board (hereinafter referred to as the "Board"), vide letter dated 23.03.1992. It is submitted by the learned counsel for the petitioner that the petitioner has already paid the entire amount, however, conveyance deed is not being executed in his favour, a fact which the learned counsel for the

Patna High Court CWJC No.23387 of 2018(2) dt.13-09-2022 2/2 respondent-Board has not disputed, nonetheless, it is submitted by the Ld. Counsel for the respondent-Board that the petitioner has executed a power of attorney in favour of Dr. Devendra Prasad Singh which is not permissible, hence, he should first revoke the said power of attorney and then approach the respondent-Board with appropriate certificates/documents to show that Lalan Kumar and Lalan Prasad Singh are one and the same person, whereupon, appropriate decision shall definitely be taken by the respondent-Board for executing the conveyance deed in question, in favour of the petitioner. In such view of the matter, the learned counsel for the petitioner seeks and is granted liberty on behalf of the petitioner to do the needful in this regard, as aforesaid, and approach the Managing Director of the respondent-Board by filing appropriate representation, whereupon, the case of the petitioner shall be decided, in accordance with law, expeditiously. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SonalU