Patna High CourtCWJC/2084/2015disposed

Ram Lakhan Prasad v. The State Of Bihar And ORS

2015-08-11Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2084 of 2015 =========================================================== Ram Lakhan Prasad aged about 76 years, Son of Late Ram Rup Mahto, Resident of village- Bhokilapar, P.O.- Bhokilapar, P.S- Hilsa, District- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Department of Urban Development, Govt. of Bihar, Patna.

2. The Chairman, Bihar State Housing Board, Mangalas Road, Patna-1.

3. The Secretary, Bihar State Housing Board, Mangalas Road, Patna-1

4. The Estate Officer, Bihar State Housing Board, Mangalas Road, Patna-1 .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Dilip Kumar, Advocate For the BSHB : Mr. Lalit Kishore, Sr. Advocate Mrs. Binita Singh, Advocate For the State : Mr. Uday Shekhar Singh, A.C. to G.A. 2 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 11-08-2015 This writ application has been filed for direction to the respondent Housing Board to return the entire deposited amount of the petitioner along with interest for allotment of plot no.3H/14 situated at Digha, Patna or to give physical possession of the aforesaid plot.

It is contended on behalf of the Housing Board that now Digha Acquired Land Settlement Act, 2010 has been notified and enforced. Under Section 4 thereof, the allotment has to be cancelled and refund of the deposits made by the allottees along with compound interest @ 8 % per annum caclulated from the date of its deposit till

Patna High Court CWJC No.2084 of 2015 dt.11-08-2015 2 / 2 the date of refund has to be paid back.

Accordingly, this writ application stands disposed of with a direction to the Housing Board authorities to pay back the petitioner's dues along with the statutory interest within a period of three months from the date of receipt/production of a copy of this order.

(Dr. Ravi Ranjan, J) Sanjay-II/- U