Dr. Kumar Amitesh Chandra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6943 of 2015 ====================================================== Dr. Kumar Amitesh Chandra Son of Late Ram Naresh Prasad Singh resident of 7HF 1/3 H.I.G., Bahadurpur Housing Colony, Patna, P.S. Agamkuan in the district of Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Housing and Urban Development, Government of Bihar, New Secretariat, Patna 3.

The Bihar State Housing Board, Beerchand Patel Path, through its Secretary. 4.

The Managing Director, Bihar State Housing Board, Beerchand Patel Path, Patna.

5.

The Executive Engineer, Bihar State Housing Board Division-II, Bhootnath Road, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Respondent/s :

Mr.Raghwanand, GA-2 Mr.Rajnish Shandilya, AC to GA-2 For the Housing Board :

Mrs.Binita Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2023 The present writ petition has been filed seeking the following reliefs:- "I. To quash the order contained in Memo No.

2240 dated 08.04.2015 passed by the Managing Director, Bihar State Housing Board (herein after referred as BSHB), Patna by which the claim of the petitioner for allotment of the flat vide Flat No. 7HF 1/3 H.LG. Bahadurpur Housing Colony has been rejected in most illegal and arbitrary manner without application of judicious mind and without considering the fact that the petitioner is residing in the said flat

Patna High Court CWJC No.6943 of 2015(3) dt.21-06-2023 2/3 since last 22 years.

II. Also to direct the respondents B.S.H.B. to allot the flat No. 7HF 1/3 H.I.G. Bahadurpur Housing Colony in favour of the petitioner as the petitioner is ready to pay the reasonable amount to the Housing Board as till date the said flat has not been allotted to any one and no one is claimant of the above mentioned flat.

III. Also to restrain the respondents from evicting the petitioner from the aforesaid flat in which he is residing along with his family since last 22 years and also not to disturb the possession of the petitioner over the flat in question.

IV. Also for issuance of appropriate writ/order or direction commanding the respondents to settle the flat to the petitioner in which he is residing since long after taking the appropriate cost." At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Managing Director, Bihar State Housing Board, Beerchand Patel Path, Patna for redressal of his aforesaid grievances. Liberty so sought is granted.

It is needless to state that in case appropriate representation is filed before the Managing Director, Bihar State Housing Board, Patna within a period of four weeks from today, he shall consider the same and pass a reasoned and a speaking

Patna High Court CWJC No.6943 of 2015(3) dt.21-06-2023 3/3 order, in accordance with law, within a period of eight weeks, thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U