Suman Prasad Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10663 of 2023 ====================================================== 1.

Suman Prasad Srivastava Son of Late Nathuni Lal, Resident of VillageBaradh, Police Station-Char Pokhari, District-Bhojpur, Ara. 2.

Urmila Pandey, Wife of Indradeo Pandey, Resident of VilalgeDharmagatpur, Police Station-Shahpur, District-Bhojpur, Ara. At present residing at HIG No. 2, Housing Colony, Chandwa, Ara, Police Station-Ara Nawada, District-Bhojpur.

3.

Indrawati Devi, Wife of Dhirendra Prasad Singh, Resident of VillageGaighat, Police Station-Brahmpur, District-Buxar. At present residing at H.I.G. 10, Dalpatpur Housing Colony, Ara.

4.

Kameshar Nath Srivastava, Son of Late Parmeshwar Nath, Resident of Village-Ragarhiya, Police Station-Ara Town, District-Bhojpur, Ara. At present residing at H.I.G. 1, Dalpatpur Housing Colony, Ara. 5.

Ajay Prakash Pandey, Son of Late Madan Gopla Pandey, Resident of Village-Mani Chapra, Police Station-Barhara, District-Bhojpur, Ara. At present residing at H.I.G. 18, Dalpatpur Housing Colony, Ara. 6.

Mithilesh Kumar Singh, Son of Late Sri Krishna Singh, Resident of VillageMaharaja Hata, Katira Ara, Police Station-Ara Town, District-Bhojpur, Ara. At present residing at H.I.G. 8, Dalpatpur Housing Colony, Ara. 7.

Shakuntala Devi, Wife of Sri Nandji Ram, Resident of Village-Khujaria, Police Station-Ara Muffasil, District-Bhojpur. At present residing at H.I.G. 6, Dalpatpur Housing Colony, Ara.

8.

Kumar Vinod, Son of Late Sheo Sagar Singh, Resident of VillageKrishnagarh, Police Station-Barhara, District-Bhojpur, Ara. At present residing at H.I.G. 3, Dalpatpur Housing Colony, Ara. 9.

Bharosa Ram, son of Late Hanhak Ram, Resident of Village-Sowan, Police Station-Dumraon, District-Buxar. At present residing at H.I.G. 9, Dalpatpur Housing Colony, Ara.

10.

Mira Srivastava, Wife of Late Rajeshwar Lal, Resident of Village-Sonpa, Police Station-Chausa, District-Buxar, At present residing at H.I.G. 15, Dalpatpur Housing Colony, Ara.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Urban and Housing Department, Government of Bihar, New Secretariat, Patna.

2.

The Bihar State Housing Board, through its Chairman, Sardar Patel Bhawan, Patna.

3.

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

The Pricing Committee, Bihar State Housing Board, 6 Sardar Patel Marg, Patna-800 015.

5.

The Manager of the Estate-cum-Joint Secretary, Bihar State Housing Board, Mangles Road, Patna.

Patna High Court CWJC No.10663 of 2023(5) dt.06-02-2024 2/3 6.

The Executive Engineer, Bihar State Housing Board, In-Charge of Daulatpur Housing Scheme at Ara, Bhadurpur, Patna-800 020. 7.

The Assistant Engineer, Sub-Divisional Officer, Bihar State Housing Board at Ara, District-Bhojpur.

8.

The Revenue Officer, Bihar State Housing Board, Sardar Patel Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Govind Mishra, Advocate For the Respondent/s :

Mr. Yogendra Pd. Sinha (Aag7) For Housing Board :

Mr. Pawan Kumar, Advocate Mr. Pratibha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-02-2024 Heard the learned counsel for the parties.

2. In view of the law laid down by this Court in the case of Bihar State Housing Board & Ors vs Manju Singh (L.P.A. No. 1373 of 2000) disposed of on 19.04.2007, the matter is referred to arbitrator who will decide all the disputes between the parties including the dispute of interest being demanded by the Bihar State Housing Board during pendency of the various litigations before this Court.

3. This court has suggested that the arbitration may be done by a retired District and Sessions Judge Mr. Dinesh Kumar Sharma, both the parties have agreed.

4. Learned counsel for the Bihar State Housing Board, Mr. Pawan Kumar has agreed for arbitration by a retired District and Sessions Judge Mr. Dinesh Kumar Sharma.

5. The details of the retired District and Sessions

Patna High Court CWJC No.10663 of 2023(5) dt.06-02-2024 3/3 Judge, Mr. Dinesh Kumar Sharma is given below:- Name:- Mr. Dinesh Kumar Sharma (District & Sessions Judge) since retired Mob:- 8084706767 Adress:- Shiv Shakti Apartment, IAS Colony, Rukanpura, Patna.

6. Let a copy of this order be communicated to Mr. Dinesh Kumar Sharma (District and Sessions Judge).

7. The parties will also apprise the arbitrator and cooperate with the arbitrator.

8. The Arbitration proceeding will proceed as per the Arbitration And Conciliation Act, 1996.

9. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U