Patna High CourtL.P.A/1182/2013dismissed

The Managing Director Bihar State Housing Board And ORS v. Smt. Archana Sinha And ANR

2017-01-12Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1182 of 2013 IN Civil Writ Jurisdiction Case No. 21725 of 2012 ===========================================================

1. The Managing Director Bihar State Housing Board , 6, Mangles Road, Patna

2. The Executive Engineer, Division I, Bihar State Housing Board, Patna

3. Estate Officer, Bihar State Housing Board, Patna .... .... Appellants

Versus

1. Smt. Archana Sinha Wife of Sri Sudhir Kumar Resident Of Village Surangapur, P.S. Jehanabad, District Jehanabad

2. The State of Bihar, through the Principal Secretary, Urban Development and Housing, Government of Bihar, Patna .... .... Respondents =========================================================== Appearance :

For the Appellants :

Mr. R.S. Pradhan, Senior Advocate Mr. Pankaj Maijorwar, Advocate For the Respondent :

Mr. Subroteswar De, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 12-01-2017 Looking at the tenor of the order passed by the learned Single Judge in CWJC No.21725 of 2012 on 29.11.2012, no appeal as such is maintainable. The matter has been disposed of with a direction upon the Housing Board-the appellant to decide the representation filed by the original allottee within a time frame of three months. The order was passed in the year 2012. Unnecessary time has been killed and wasted in filing the appeal and the ball was in the court of Housing Board to take a call on the representation.

2. Today the learned senior counsel submits that no

Patna High Court LPA No.1182 of 2013 dt.12-01-2017 2 / 2 representation is available. If there is no representation available in their record, they could have very well demanded a copy thereof and taken a decision. This is totally a frivolous litigation and unnecessary wastage of time on a trivial issue.

3. Appeal is dismissed. The Housing Board will carry out the direction of the learned Single Judge preferably within a period of three months from the date of passing of the order today since it has been passed in presence of the learned senior counsel. (Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) S. Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.01.2017 Transmission Date NA