Brajendu Kumar v. The Bihar State Housing Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7735 of 2023 ====================================================== Brajendu Kumar Son of Mathura Prasad Sharma Resident of MIG-90, Shaheed Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya. ... ... Petitioner/s

Versus

1.

The Bihar State Housing Board, through its Managing Director, 6- Sardar Patel Path, Patna.

2.

The Revenue Officer, Bihar State Housing Board, 6-Sardar Patel Path, Patna.

3.

The Estate Officer, Bihar State Housing Board,6-Sardar Patel Path, Patna. 4.

The Executive Engineer, Gaya Division, Bihar State Housing Board, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Singh, Advocate For the Housing Board :

Mr. Pawan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2024 The present writ petition has been filed seeking the following relief:- "1. (i) To command and direct the Respondents to transfer the absolute ownership by effecting conveyance/sale deed in favour of the Petitioner in as much as the Petitioner has till date deposited Rs. 1,06,500/-, against completely destroyed/grounded flat.

(ii) To hold and declare that the Petitioner having been put in possession of plot in light of joint notice dated 15.04.1992 of the District Magistrate, Gaya and the Executive Engineer of the Board after issuance of allotment letter in his favour by the Bihar State Housing Board and the Petitioner

Patna High Court CWJC No.7735 of 2023(2) dt.05-07-2024 2/2 having already deposited Rs. 1,06,500/- as sale proceeds of completed destroyed/grounded flat i.e. only plot in compliance of directions of this Hon'ble Court contained in Order dated 29.01.2009 passed in C.W.J.C. No. 4489 of 2001 is in authorized occupancy of his premise.

(iii) To hold and declare that the Housing Board in case of Petitioner is entitled to raise demand against allotment of Plot only inasmuch as the Petitioner was never handed totally developed flat rather he came in possession of totally destroyed/grounded flat."

2. At the outset, the learned counsel for the petitioner seeks not to press the writ petition, however, seeks liberty on behalf of the petitioner to file appropriate representation before the Managing Director, Bihar State Housing Board, Patna, for redressal of his aforesaid grievances.

3. Liberty, so sought, is granted.

4. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U