Akhilesh Kumar v. The Bihar State Housing Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4018 of 2024 ====================================================== Akhilesh Kumar S/o Late Kailash Prasad Singh, R/o Sector-7, Block-3, Flat No. 15, H.I.G. Flats, Bahadurpur Housing Colony, P.S.-Agamkuan, DistrictPatna. ... ... Petitioner/s

Versus

1.

The Bihar State Housing Board through the Managing Director. 2.

The Managing Director, Bihar State Housing Board. 3.

The Executive Officer, Patna Division-II, Bihar State Housing Board. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Singh, Advocate For the BHSB :

Mr.Pawan Kumar, Advocate Ms.Pratibha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For implementation and execution of Sections 16 & 18 of the Bihar State Housing Board (Management and Disposal of Housing Estates) Regulation, 1983 and extend the implementation of Sections 16 & 18 of the Bihar State Housing Board (Management and Disposal of Housing Estates) Regulation, 1983 to the allottees / residents of the Higher Income Group (H.I.G.) flats, Bahadurpur Housing Colony, Bhootnath Road, Patna (Sector-7, Block 1-4);

(ii) for issuance of appropriate direction to the respondent authorities for implementation/

Patna High Court CWJC No.4018 of 2024(2) dt.13-05-2024 2/3 execution of Sections 16 & 18 of the Bihar State Housing Board (Management and Disposal of Housing Estates) Regulation, 1983 and acting thereupon the respondent authorities perform their official obligation in tune with Section 18 of the Bihar State Housing Board (Management and Disposal of Housing Estates) Regulation, 1983;

(iii) For directing the respondent authorities to implement Section 18 of the Regulation while imposing the liability upon the allottees / hirer / residents of the flats to pay the charges for maintenance, running and control of common portions and common services of each block in the housing estate:

(iv) for directing the respondent authorities to act upon the representation dated 2.02.2022, submitted by the residents of Sector-7, Blocks 1 to 4 of the H.I.G. flats, which has been received in the Bihar State Housing Board office on 3.02.2022 and by the office of Executive Engineer of Bihar State Housing Board, Patna Division II on 27.4.2022, but despite receipt of the representation, almost 2 years ago, neither the respondent authorities are taking any actions on the basis of representation nor they have responded to the representation in any manner whatsoever."

2. After some arguments, the learned counsel for the

Patna High Court CWJC No.4018 of 2024(2) dt.13-05-2024 3/3 petitioner seeks liberty on behalf of the petitioner to approach the respondent no.02 i.e. the Managing Director, Bihar State Housing Board for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed, by the petitioner, before the Managing Director, Bihar State Housing Board, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U