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Patna High CourtCWJC/12238/2014withdrawn

Jwala Prasad v. The State Of Bihar And ORS

2019-07-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12238 of 2014 ====================================================== Jwala Prasad son of Late Vimal Ram, resident of Bardiha, P.O. Chandi, P.S. Charpokhari, District Ara at present, 204, Ram Krishna Plaza, Kankarbagh, Main Road, Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The Managing Director, Bihar State Housing Board, 6, Mangles Road, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Respondent/s :

Mr. Kinkar Kumar, SC-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2019 The learned counsel for the petitioner submits that since the entire scheme of allotment of houses to the employees of the Housing Board has been scraped and none of the employees have been allotted any house, it is at least incumbent upon the Housing Board to refund the money which it has taken from the employees, along with interest.

The learned counsel for the Housing Board submits that there is already a provision in Regulation 45 of the Bihar State Housing Board Regulation, 1983 for payment of simple interest @ 5 per cent.

Accordingly, the writ petition stands disposed off as withdrawn with a direction to the Housing Board to refund the

Patna High Court CWJC No.12238 of 2014(3) dt.03-07-2019 2/2 amount taken from the petitioner for the purposes of allotment of a house, which has since been not allotted, along with simple interest @ 5 per cent within a period of six weeks of receipt/production of a copy of this order.

(Mohit Kumar Shah, J) S.Sb/- U