Rajendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17696 of 2014 ====================================================== Rajendra Kumar Son of Late Lalit Kumar Singh Resident of village - Bharthu, P.S. Ghosi, District - Jahanabad, at presently C/o Rental Flat No. 407, Kankarbagh Colony, Patna - 20 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Housing Department, Govt. of Bihar, Patna 3.

The Managing Director, Bihar State Housing Board, Mangale's Road, Patna 4.

The Secretary, Bihar State Housing Board, Mangale's Road, Patna 5.

The Manager Estate - Cum - Estate Officer, Bihar State Housing Board, Mangale's Road, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Murari Prasad Sinha, Adv.

For the Respondent/s :

Mr. Akshay Lal Prasad, AC to GP-13 Mr. Ravi Kumar, AC to GP-13 For the Housing Board :

Mr. Ram Kishore Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2024 The present writ petition has been filed seeking the following reliefs:- "1. For issuance of an appropriate writ in the nature of mandamus directing / commanding the Respondent Authorities to consider and finalize the allotment letter bearing no. 313 dated 03.09.1991 by which a M.I.G. Plot No. 10M/107 situated at Digha, Patna, has been allotted in favour of the petitioner by the Manager Estate of the Housing Board (Respondent No.5) on certain terms and conditions.

(ii). For also issuance of direction to the Respondent Authorities to carry on the various

Patna High Court CWJC No.17696 of 2014(4) dt.26-06-2024 2/3 representations filed by the petitioner, lastly on 23.08.2014 in compliance of the said allotment letter issued under the signature of Manager Estate of the Housing Board by which all required formalities has been made by the petitioner.

(iii). For further issuance of direction upon the Respondent Authorities to hand over the physical possession over the said allotted land to the petitioner.

(iv). For issuance of also direction to the Respondent Authorities to allot any suitable M.I.G. Plot either in Kankarbagh or Bahadurpur area in place of Digha."

2.

At the outset, the learned counsel for the parties are in agreement that the present writ petition can be disposed off in terms of the provisions contained in the Digha Acquired Land Settlement Act, 2010, whereby and whereunder the amount deposited by the petitioner for allotment of plot is required to be refunded back to him along with 8 per cent compound interest, starting from the date the same was deposited till the date of its refund. It is directed accordingly.

3.

It is needless to state that in case, the petitioner files appropriate representation, annexing the relevant documents before the Respondent No. 3 i.e. Managing Director, Bihar State

Patna High Court CWJC No.17696 of 2014(4) dt.26-06-2024 3/3 Housing Board, Patna, within a period of four weeks from today, the amount, deposited by the petitioner, shall be refunded along with interest, as aforesaid, within a period of eight weeks, thereafter, in accordance with law.

4.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U