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Patna High CourtCWJC/14226/2016disposed

Vishwa Mohan Sinha v. The State Of Bihar And ORS

2022-07-14Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14226 of 2016 ====================================================== Vishwa Mohan Sinha Son of Late Lokesh Mohan Sinha Resident of Plot No. L/74. Sri Krishna Nagar, P.O. Kidwaipuri, P.S. Budha Colony, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Bihar State Housing Board through it's Managing Director, Patna 3.

The Managing Director of Bihar State Housing Board, Patna 4.

The Executive Engineer of Bihar State Housing Board, Patna 5.

The Estate officer of Bihar State Housing Board, Patna 6.

The Sub Registrar, Patna Sadar, Patna 7.

Vinay Mohan Sinha, S/o Late Lokesh Mohan Sinha, 8.

Sharda Kanti Sinha, W/o Late Lokesh Mohan Sinha, Both residents of Plot No. L/74 Srikrishna Nagar, P.O.- Kidwaipuri, P.S.- Buddha Colony, DistrictPatna. 9.

Vishwa Mohan Sinha, Son of Late Lokesh Mohan Sinha, residents of Plot No. L/74 Srikrishna Nagar, P.O.- Kidwaipuri, P.S.- Buddha Colony, DistrictPatna. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 18364 of 2016 ====================================================== Lalita Devi W/o Sri Sajjan Basant Bahar, R/o P.O. Samsara, P.S. Sadisopur, Bihta, Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Bihar State Housing Board, Through its Managing Director, Patna. 3.

The Managing Director, Bihar State Housing Board, Patna. 4.

The Executive Engineer, Bihar State Housing Board, Patna. 5.

The Estate Officer, Bihar State Housing Board, Patna. 6.

Sharda Kanti Sinha, Wife of Late Lokesh Mohan Sinha. 7.

Vishwa Mohan Sinha, Son of Late Lokesh Mohan Sinha. 8.

Vinay Mohan Sinha, Son of Late Lokesh Mohan Sinha. All Residents of Plot No. L/74, Sri Krishna Nagar, P.O. Kidwaipuri, P.S. Budha Colony, DistrictPatna. ... ... Respondent/s ======================================================

Patna High Court CWJC No.14226 of 2016(8) dt.14-07-2022 2/3 Appearance :

(In Civil Writ Jurisdiction Case No. 14226 of 2016) For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate Mr.Pankaj Kumar, Advocate For the State :

Mr.Santosh Kr.Jha,GP-3 For the Housing Board : Mr. Raj Nandan Prasad, Advocate For the private respondent:

Mr. Y.V. Giri, Sr. Advocate Mr. Nikhil Agrawal, Advocate (In Civil Writ Jurisdiction Case No. 18364 of 2016) For the Petitioner/s :

Mr. Y.V. Giri, Sr. Advocate Mr.Nikhil Kumar Agrawal, Advocate For the State :

Mr.Yogendra Pd. Sinha, AAG-7 For the Housing Board : Mr. Raj Nandan Prasad, Advocate For the private respondent : Mr. Rajesh Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2022 Though there appears to be some dispute in between the petitioners of the aforesaid cases as also the private respondents of the aforesaid cases, however, the learned counsel for the petitioners of both the cases have jointly submitted that the disputes amongst them have been amicably settled and now the deed of cancellation has to be executed in between the petitioner of the second case and the Housing Board. In such view of the matter, it is submitted that the present petition may be disposed off as having become infructuous, however, liberty may be granted to the petitioners of both cases to approach the Housing Board for execution of the deed of cancellation and return of the Labhansh (earned income).

The learned counsel for the parties have also submitted that the compromise petition has also been brought on

Patna High Court CWJC No.14226 of 2016(8) dt.14-07-2022 3/3 record in the second case by way of Annexure-10 to the supplementary affidavit. The learned counsel for the parties agree that the said compromise agreement dated 12.03.2022 has actually been effected in between the petitioners of both the cases and the private respondents of the aforesaid two writ petitions.

Having regard to the submissions made by the learned counsel for the parties, appearing in both the aforesaid cases, the present petition stands disposed off as not pressed while taking note of the compromise agreement dated12.03.2022, as aforesaid, as also granting liberty to the petitioner of the second case to approach the respondent Housing Board for execution of deed of cancellation and refund of the earned income. (Mohit Kumar Shah, J) S.Sb/- U