Ratneshwari Nandan Prasad Verma v. Chairman Bihar State Housing Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18111 of 2013 =========================================================== Ratneshwari Nandan Prasad Verma Son Of Late Singeshar Prasad Verma Presently Residing At House Of Uma Shankar Thakur, Indu Sadan, Sarswati Lane, West Lohanipur, Kadamkuan, Patna - 800003 .... .... Petitioner/s

Versus

1. Chairman Bihar State Housing Board, Patna

2. Bihar State Housing Board, Patna, Through Its Chairman

3. Estate Officer - Cum - Joint Secretary, Bihar State Housing Board, Patna

4. Executive Engineer, Bihar State Housing Board, Patna Pramandal , Bahadurpur, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : M/s Srinandan Pd. Singh, Ashok Kumar, Manish Kumar, and Nasim Nazar, Advocates For the Respondents : Ms. Binita Singh, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 12-08-2015 I have heard learned counsel for the petitioner and the respondents.

This writ application has been filed for direction to the authorities of Respondent - Housing Board for demarcation of plot no. 8L/3 delivered to the petitioner.

However, at the time of hearing of this matter, it has been pointed out by learned counsel for the Housing Board that in view of section 5 of the Digha Acquired Land Settlement Act, 2010 (hereinafter referred to as 'the Act') now the petitioner's allotment automatically stands annulled and as such there would be no

Patna High Court CWJC No.18111 of 2013 dt.12-08-2015 2/2 requirement of demarcation of the land for delivering actual physical possession for delivery.

On such objection having been raised, now the petitioner confines his prayer for payment of entire amount along with compound interest in terms of section 4 of the Act. Accordingly this writ application is being disposed of with a direction to the respondents to calculate the entire amount of the petitioner along with compound interest @ 8 % per annum to be calculated from the date of its deposit till the date of its final payment and refund it within a period of three months from the date of receipt / production of a copy of this order. (Dr. Ravi Ranjan, J) Spd/- U