Yamuna Devi @ Jamuna Devi v. The Bihar State Housing Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20684 of 2012 ====================================================== Yamuna Devi @ Jamuna Devi W/O Sri Birendra Prasad Singh Resident Of Through Hotel Yamuna Villa Bokaro Steel City, Bokaro, Jharkhand - 827013 ... ... Petitioner/s

Versus

1.

The Bihar State Housing Board, Bihar, Patna through its Managing Director. 2.

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

The Secretary, Bihar State Housing Board, Bihar, Patna 4.

The Assistant Secretary, Bihar State Housing Board, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ambuj Nayan Chaubey, Advocate For the Respondent/s :

Mr.Anil Kumar Sinha, Advocate For Housing Board :

Ms. Suman Kr. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-03-2023 The present writ petition has been filed seeking the following reliefs :- "(i) For issuance of an appropriate writ/ order/ direction commanding the respondents to allot one MIG Plot in the Bahadurpur Housing Colony to the petitioner at the rate other co-applicants were allotted such plots. (ii) For issuance of an appropriate writ/ order/ direction commanding the respondents to discharge their obligation as enjoined upon them by law especially to pay the appropriate compensation.

(iii) For issuance of an appropriate writ/ order/ direction commanding the respondents to compensate the petitioner with the present

Patna High Court CWJC No.20684 of 2012(13) dt.16-03-2023 2/2 market value of the M.I.G. Plot, in case they disclose their inability in such allotment. " At the outset, the learned counsel for the respondent-Bihar State Housing Board has submitted that allotment of plot was made to the petitioner at Digha, Patna, however, the acquisition of the land at Digha, Patna has been annulled, in view of Sections 4 and 5 of the Digha Acquisition Land Act, 2010, nonetheless, it is submitted that since there is a provision for refund of the entire amount deposited by the petitioner along with 8% compound interest, the same shall be refunded to the petitioner, forthwith.

In view of the aforesaid, the learned counsel for the petitioner is granted two weeks' time to file appropriate application before the respondent- Bihar State Housing Board, Patna, which shall then be processed within a further period of four weeks and refund shall be made within the same time frame.

The writ petition stands disposed off as not pressed, however, with the aforesaid directions.

(Mohit Kumar Shah, J) rinkee/- U