Shila Nath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4283 of 2011 ====================================================== SHILA NATH SINGH Son Of Late Nakched Singh Resident Of Village And Post Office Ishrauli, Police Station Madhepura, District Saran At Chapra ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR and ORS 2.

Joint Secretary-Cum-Director Land Resources, Govt. Of Bihar, Patna 3.

Managing Director, Bihar State Housing Board, Patna 4.

The Additional Secretary Building Construction And Housing, Govt. Of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Choudhary Shyam Nandan, Adv.

For the Respondent/s :

Mr. Anil Kumar Singh, GP-25 For the Housing Board :

Mr. Anshuman Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as Housing Board.

It appears that from the letter produced by learned counsel appearing on behalf of petitioner that vide letter no. 649 dated 25.01.2014 the Legal Advisor of the Housing Board issued letter to the petitioner for settlement. Learned counsel for the petitioner submits that response to letter dated 25.01.2014 petitioner approached the Managing Director but neither the plot was allocated to the petitioner nor the money was refunded. This matter is pending in this Court for last 8 years while the Board has intimated the

Patna High Court CWJC No.4283 of 2011(8) dt.12-04-2019 2/2 petitioner for settlement of the dispute and when the petitioner in response to that letter approached the Managing Director, the Court does not appreciate the attitude of the Housing Board in keeping the matter pending even after five years of the letter dated 25.01.2014. In the peculiar fact of the case, the Court directs the Managing Director of the Housing Board to take appropriate decision either on the issue of allotment of plot or refund of the money to the petitioner within the period of fortnight after receipt of copy of this order, failing which, the petitioner would be entitled to cost of Rs.50,000/- plus 9% interest from the date of deposit of money by the petitioner to the date of actual payment.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U