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Patna High CourtCWJC/13998/2014disposed

Yashoda Nandan Singh 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.13998 of 2014 ====================================================== Yashoda Nandan Singh S/o Sri Krishna Nandan Singh resident of C/o Mrs. Shobha Jha, Housing No. 226, Patliputra Colony, Patna - 800013 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Principal Secretary, Urban Development Department, Government of Bihar, Patna 3.

District Magistrate - cum - Collector, Patna 4.

Bihar State Housing Board, Patna through its Managing Director 5.

Managing Director, Bihar State Housing Board, Mangles Road, Patna 6.

Secretary, Bihar State Housing Board, Mangles Road, Patna 7.

Estate Officer, Bihar State Housing Board, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Respondent/s :

Mr.Gp30- Raju Giri ====================================================== 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. Petitioner has approached this court for a direction to the respondent for delivery of possession of Plot No. 3-H/428. As a matter of common knowledge the housing plan of the Housing Board for grant of plot at Digha has been failed due to manifold reasons and the Housing Board has taken a policy decision to refund the amount deposited by the allottees. At present no plot is available for allotment. Instead of handing over the possession, the Housing

Patna High Court CWJC No.13998 of 2014(4) dt.20-06-2019 2/2 Board has taken decision to refund the amount with interest at the rate of 8 per cent per annum.

Considering the possibility of not handing over the possession of Plot No. 3-H/428, the writ petition is disposed of with direction to the Housing Board to refund the amount deposited by the petitioner positively within a period of 30 days from today, failing which the entire amount will carry additional interest at the rate of 5 per cent per annum from the date of deposit 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.

(Anil Kumar Upadhyay, J) Ravi/- U