Veena Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11103 of 2013 ====================================================== Veena Singh Wife Of Shri Tarak Nath Singh Resident Of Village - Gangajal Sultanpur, P.O. Sonepur, P.S. Sonepur, District Saran At Chapra ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Chairman, Bihar State Housing Board, Patna 3.

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

The Estate Officer, Bihar State Housing Board, Patna 5.

Shri Ashok Kumar Singh S/O Late Satyadeo Singh Resident Of Professor Colony, Dhaneshwar Ghat, P.S. Biharsharif, District Nalanda 6.

Smt. Mala Singh, wife of Suman Kumar Singh, resident of Badduthan, P.S. +Dist. Hajipur.

7.

Smt. Poonam Singh, wife of late Rajesh Kumar Singh, resident of Jagdal Nagar Gate No.4, Kolkata (W.B.) 8.

Smt. Nutan Singh wife of Sr. Basith Kumar Singh, Postal Park Kangarbagh, Panta-20 Smt. Pusha Singh, W/o Pappu Singh, village-Khalpura, P.S. Chhapra Town, District Saran.

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

For the Petitioner/s :

Mr.Amit Kumar Malik, Advocate For the State :

Ms. Anuratha Singh, SC-21 Ms. S. Sinha, AC to SC-21 For the Housing Board :

Mr. Anshuman Singh, Advocate Mr. Ranjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-07-2024 Though the present petition has been filed for mutation/change in name of the owner of the property in question, i.e. Plot No.2M/35 situated at Bahadurpur Housing Colony, Patna, inasmuch as the petitioner seeks transfer of the ownership of the said plot in her name, which is at the moment

Patna High Court CWJC No.11103 of 2013(11) dt.31-07-2024 2/3 existing in the name of the father of the petitioner, on the pretext that the said plot has been giflted to her by her father, however, admittedly no proof to the said effect has been produced. Nonetheless, it is submitted by the learned counsel for the petitioner that the petitioner has taken consent of all the legal heirs of her deceased father, namely, Satyadeo Singh, for the purpose of transfer of the aforesaid plot in her name.

2.

Per contra, the learned counsel appearing for the respondent-Bihar State Housing Board Patna submits that no legal instrument exists, which would show that the aforesaid plot was gifted to the petitioner, by her father, apart from the fact that her brother, namely, Ashok Kumar Singh, has objected to change of the ownership/transfer of the aforesaid plot in favour of the petitioner. It is also submitted that the petitioner is engaging in fraudulent acts.

3. In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the learned Civil Court

Patna High Court CWJC No.11103 of 2013(11) dt.31-07-2024 3/3 having competent jurisdiction, for declaration of her title and right over the aforesaid plot in question as also seeks liberty to approach the respondent-Bihar State Housing Board, Patna thereafter, for transfer of ownership of the aforesaid plot in question in her favour. Liberty so sought is granted.

4. Accordingly, the writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U