Sunita Devi v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8302 of 2021 ====================================================== 1.

Sunita Devi Wife of Santosh Kumar, Resident of Flat No. EF- 2/79, Janta Flat, Bahadurpur Housing Colony, Sector - 6, Near Pani Tanki, P.S. Agam Kuan, District - Patna.

2.

Sunaina Devi, Wife of Baleshwar Prasad, Resident of Flat No. ER- 167, Sector - 6, Janta Flat, Near Pani Tanki, Bhoot Nath Road, Bahadurpur Housing Colony, P.S. Agam Kuan, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar. Bihar.

2.

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

3.

The Chairman, Bihar State Housing Board, Patna. 4.

The Managing Director, Bihar State Housing Board, Patna. 5.

The Manager Estate, Bihar State Housing Board, Patna. 6.

The Revenue Officer, Bihar State Housing Board, Patna. 7.

The Executive Engineer, Bihar State Housing Board, Division No. 1, Hanuman Nagar, Kankarbagh, Patna.

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

For the Petitioner/s :

Mr.Prafull Chandra Jha, Adv.

For the Respondent/s :

Mr.Lalit Kishore ( Ag ) For the B.S.H.B.

:

Mr. Pawan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-11-2022 The present writ petition has been filed seeking the following reliefs:- "1(i). For directing the respondent authorities specially the Respondent No. 4, the Managing Director, Bihar State Housing Board, Patna (hereinafter referred to as "the Board"), to take immediate steps/decision for final registration/transfer of Janta Flats

Patna High Court CWJC No.8302 of 2021(2) dt.14-11-2022 2/3 situated in the Mohala of Bahadurpur Housing Colony, P.S. Agam Kuan, District-Patna who were allotted to original allottees who have executed power of attorney in favour/name of all the petitioners on various dates on the ground that the entire amounts / payments/installments have been paid/cleared by the petitioners, the original allottee alongwith 5% interest fixed at the time of agreements between the original allottee who have executed power of attorney in favour of the petitioners and the respondentBoard.

(ii). For directing the respondent authorities to make necessary correction in the amount, which has been sent by way of different/separate notices to the petitioner in the name of that allottees who have executed power of attorney in the name/favour of the petitioners issued under the signature of the respondent no. 6 whereby and whereunder it has been communicated to deposit the different balance amount in favour of the respondent Board whereas it is fact that entire amounts / installments along with 5% interest

Patna High Court CWJC No.8302 of 2021(2) dt.14-11-2022 3/3 have already been deposited /paid by the petitioners long back."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to file representation before the Pricing Committee, constituted under the orders of this Court, for resolving disputes with regard to the price of the plot or flat concerned. Liberty, so sought, is granted.

It is needless to state that in case, appropriate petition is filed before the Pricing Committee of the Respondent-Bihar State Housing Board, Patna, within a period of four weeks from today, the Pricing Committee shall consider the same and pass appropriate orders thereon, within a period of twelve weeks, thereafter.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U