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Patna High CourtCWJC/7999/2015disposed

Narendra Kumar v. The State Of Bihar And ORS

2019-06-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7999 of 2015 ====================================================== Narendra Kumar S/o Late Kamala Ravi Das R/o, Shashi Villa, Katurba Marg, Boring Road Patna. P.O - S.K.Puri P.S. S.K.Puri -Distt. - Patna , Town- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Managing Director, Bihar State Housing Board, Near Sachiwalay Thana Patna-800 015 3.

The Executive Engineer, Bihar State Housing Board, Near Sachiwalay Thana Patna-800 015 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shankar Ganguly, Advocate For the Respondent/s :

Mr.Ajeet Kumar, Advocate For Housing Board :

Mr. Ram Shankar Pradhan, Sr. Advocate Mr. Rakesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Housing Board. Initially petitioner has approached this Court for a direction to the respondents to allot flat in favour of the petitioner.

Now it is the admitted position that no flat is available for allotment.

Under the aforesaid circumstances, the counsel for the petitioner submits that he is left with no option but to seek refund of the amount deposited by the petitioner. Considering the fact that that Housing Board has no

Patna High Court CWJC No.7999 of 2015(12) dt.20-06-2019 2/2 flat for allotment, the Housing Board is directed to refund the amount deposited by the petitioner within a period of 30 days from the date of receipt/production of a copy of this order with interest at the rate of 8 per cent per annum, failing which the Housing Board shall be liable to pay additional interest at the rate of five per cent per annum from the date of deposit of the amount till the date of actual refund.

Extra amount of interest shall be realized from the pocket of Managing Director, Estate Officer and Revenue Officer of the Housing Board.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U