M/S Laxmi Enterprises v. The Chairman, Bihar State Housing Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19241 of 2018 ====================================================== M/s Laxmi Enterprises, Regd. Officer at Adarsh Palli Radio Station Road, Jagda Rourkela- 769042 (Orissa), A/p Office Nalanda Sadan Rajiv Nagar, House No.50 Road No.21, P.S.- Rajiv Nagar, Krishna Nagar, Patna, through Sanjay Kumar Singh, Manager.

.... .... Petitioner/s

Versus

1. The Chairman, Bihar State Housing Board.

2. Managing Director, Bihar State Housing Board, Govt. of Bihar, Patna.

3. Bhu Sampada Padhadhikar, Bihar State Housing Board, Govt. of Bihar, Patna.

4. Executive Engineer, Bihar State Housing Board, Govt. of Bihar, Patna Division-1.

5. Manoj Kumar, C/o Executive Engineer, Patna Division-1, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Badri Prasad, Advocate Mr. Sanjay Kumar Pandey, Advocate For the Housing Board : Mr. Anil Kumar Sinha, Advocate Mr. Akash Keshav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 04-10-2018 Heard Mr. Badri Prasad, learned counsel for the petitioner and Mr. Akash Keshav, learned AC to Mr. Anil Kumar Sinha, learned counsel for the Housing Board. The present writ application has been filed for a direction to Respondent Housing Board to allot the open land/plot belonging to Bihar State Housing Board situated near Kankarbagh Tempo Stand, Patna for the purpose of Exhibition cum Disney land fair to the petitioner for the promotion of different kinds of Handloom & Handicraft products of different

Patna High Court CWJC No.19241 of 2018 (2) dt.04-10-2018 2/3 States in the interest of Children and Women at large. It is submitted by learned counsel for the petitioner that the petitioner submitted an application before the State Officer, Housing Board, Patna on 03.10.2017 for allotment of the abovementioned land for Exhibition & Disney Land Fair for the period 03.09.2018 to 05.01.2019. Subsequently, the Respondent No. 3, the State Officer, Housing Board forwarded the application of the petitioner vide letter dated 15.11.2017, as contained in Annexure-2, to the Respondent No.

4, the Executive Engineer, Bihar State Housing Board, Patna Division-1, Patna for making allotment as per the seriatim of the application submitted in that regard but contrary to the direction of the State Officer, the allotment was made in favour of one Manoj Kumar when the petitioner claims that his application was submitted much prior to that of Manoj Kumar, in whose favour allotment has been made. However, learned counsel for the petitioner keeping in view the fact that issuance of notice to private respondent Manoj Kumar will be time consuming and will make the relief prayed for by the petitioner infructuous, confines his prayer for disposal of the representation dated 04.09.2018 submitted before the Respondent No. 2, Managing Director, Bihar State Housing Board, Patna, as contained in Annexure-4 to the supplementary affidavit.

Patna High Court CWJC No.19241 of 2018 (2) dt.04-10-2018 3/3 Learned counsel for the Hosing Board submits that if the representation of the petitioner has not been disposed of till date, the same will be disposed of within a period of two weeks.

Considering the confined prayer of the petitioner and the stand of the learned counsel for the Housing Board, it is expected Respondent No. 2, Managing Director, Bihar State Housing Board to dispose of the representation of the petitioner keeping in view the direction of the State Officer for considering the application as per the seriatim of the applications submitted preferably within a period of two weeks from the date of receipt/production of a copy of this order. With the above observation and direction, the present writ application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U