The Bihar State Housing Board Patna And ORS v. Yogeshwar Mahto And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1456 of 2012 IN Civil Writ Jurisdiction Case No. 7579 of 2005 ===========================================================

1. The Bihar State Housing Board Patna through Managing Director, 6, Sardar Patel Marg, Patna

2. The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg, Patna

3. The Executive Engineer, Bihar State Housing Board, Patna Division 2, Bahadurpur, District - Patna .... .... Appellant/s

Versus

1. Yogeshwar Mahto, Son of Lt. Mushar Mahto, Resident of Jagdishpur, P.S. and District Samastipur, At present residing at New Weaker Section 17/202, Kankarbagh, District Patna

2. The State of Bihar through Secretary, Housing Department, Vishwesharaiya Bhawan, Patna .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Rabindra Kumar Priyadarshi, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 23-07-2015 Heard learned counsel for the Bihar State Housing Board (hereinafter referred to as the Board).

2. Board has preferred this Letters Patent Appeal against the order dated 02.03.2012, passed by learned Single Judge in C.W.J.C. No. 7579 of 2005 whereunder it has been directed to refund the earnest money deposited by the petitioner with simple interest @ 5 per cent per annum and the disposal price of the plot with interest @ 12 per cent per annum.

Patna High Court LPA No.1456 of 2012 dt.23-07-2015 2/2

3. Another order dated 20.03.2012 passed in similar terms was challenged before this Court in L.P.A. No. 1495 of 2012, which was dismissed under order dated 14.07.2015. The present appeal is also dismissed exactly in the same terms. (V.N. Sinha, J) (Jitendra Mohan Sharma, J) Rajesh/- U