Kumari Lalita @ Lalita Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10333 of 2014 ====================================================== Kumari Lalita @ Lalita Singh daughter of Late Katayani Shankar Singh resident and Post office - Mahugain, District - Gaya At presently residing Morcha Gali, Chand Chaura, Police Station - Civil Line, District - Gaya ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Government of Bihar Housing Department, Patna.

2.

The Chairman, Bihar State Housing Board, Patna 6, Sardar Patel Marg, Patna - 15.

The Managing Director, Bihar State Housing Board, Patna 6, Sardar Patel Marg, Patna - 15.

4.

The Land Acquisition officer, Bihar State Housing Board, Patna 6, Sardar Patel Marg, Patna - 15.

5.

The Executive Engineer, Bihar State Housing Board Corporation, Gaya Division, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the Respondent/s :

Mr.

For Housing Board :

Mr. Virendra Kr. Ray, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-08-2023 1.

The present petition has been filed seeking the following reliefs :- "(i) For directing the Respondent authority to get the plot registered in favour of the petitioner after quashing letter dated 26.03.2014 contained in letter no. 2201 issued by the respondent no.4.

(ii) For directing the respondent authority to handover the possession of piece of land allotted to the petitioner earlier (L.P. IV).

Patna High Court CWJC No.10333 of 2014(14) dt.28-08-2023 2/3 (iii) For holding that there is no fault on the part of petitioner because she is applicant since 1982 and despite of required amount already deposited in the account of Housing Board neither she got registered the land nor possession was handed over to her. "

2.

Having perused the materials on record and having heard the Ld. Counsels for the parties, this Court finds that disputed question of facts are involved in the present case, inasmuch as the petitioner, on the one hand, is alleging that she was always ready and willing to execute the agreement in question with the respondent- Bihar State Housing Board, Patna, whereas, on the other hand, it has been contended on behalf of the Bihar State Housing Board, Patna that not only an official was authorized and deputed for getting the agreement in question executed but the registrar was also informed and requested to do the needful, nonetheless, the petitioner had absented herself, resulting in non-execution of the agreement and automatic cancellation of the allotment made in favor of the petitioner. Considering the fact that disputed question of facts are involved in the present case, the learned counsel for

Patna High Court CWJC No.10333 of 2014(14) dt.28-08-2023 3/3 the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies, as are otherwise available under the law for redressal of her grievances including that of filing a civil suit before the learned civil court having competent jurisdiction. Liberty so sought, is granted. The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) rinkee/- U