Patna High CourtL.P.A/1222/2013dismissed

The Bihar State Housing Board And ORS v. Sandhya Verma

2017-02-03Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1222 of 2013 In Civil Writ Jurisdiction Case No. 15808 of 2005 ======================================================

1. The Bihar State Housing Board through its Managing Director, Bihar State Housing Board, Bihar, Patna.

2. The Managing Director, the Bihar State Housing Board, Bihar, Patna having its office opposite Old Secretariat, Patna, Bihar.

3. The Estate Officer, the Bihar State Housing Board, Bihar, Patna having its office opposite Old Secretariat, Patna, Bihar.

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

5. The Assistant Engineer, Bihar State Housing Board, Patna Division-2, Patna.

.... .... Appellants

Versus

Sandhya Verma, Wife of Sri Ashok Kumar Verma, Resident of B/201, Rose Garden Apartment, P.S. Agam Kuan, P.O. Lohia Nagar, District Patna at present residing at C/O Sri A.K. Verma, I.D.S.E. Director (Design) H.Q., C.E. Btd. Zone, Bhatinda, Mil Station, Bhatinda, PIN151004. .... .... Respondent ====================================================== Appearance :

For the Appellants :

Mr. Lalit Kishore, Senior Advocate Mr. Ram Kishore Singh, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 03-02-2017 I.A. No.7034 of 2013 is a petition for condonation of delay of 395 days. The usual ground that the file was moving from one table to the other cannot be a ground for condonation of delay.

I.A. No.7034 of 2013 is dismissed. As a consequence thereof, even the appeal is dismissed. The Court is constrained to observe that though the order was passed way back in the year 2012, the Housing Board

Patna High Court LPA No.1222 of 2013 (3) dt.03-02-2017 2 / 2 has not bothered to even offer the so called statutory interest also to the respondent at any point of time and more than five years have elapsed. The Housing Board cannot remain in a comfort zone as per their convenience.

(Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) S.Kumar/- U