Pushpa Kumari @ Puspa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14095 of 2023 ====================================================== Pushpa Kumari @ Puspa Devi W/o Late Baidyanath Thakur, Resident off B 122 Sujan Bhawan, Birla Colony, Phulwari Sharif Patna, Bihar - 801505. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary. 2.

The Additional Chief Secretary, Department of Land and Revenue, Govt. of Bihar, Patna.

3.

The Additional Chief Secretary, Department of Urban Development and Housing Development Govt. of Bihar, Patna.

4.

The Divisional Commissioner, Patna, Bihar.

5.

The District Magistrate, Patna.

6.

The Deputy Collector, Land and Revenue (DCLR), Patna Sadar. 7.

The Circle Officer, Patna Sadar.

8.

The Circle Officer, Danapur, Patna.

9.

Alok Kumar, the Director, Agrani Homes Real Maarketin Pvt. Ltd Official Address- Agrani Homes Private Limited, C/o Sri Aok Kumar House No. 15 Ward No. 1 Patliputra Colony, Patna, Bihar.

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

For the Petitioner/s :

Mr.Mayank Singh, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-07-2024

1. The delay which has occurred in removing the defects by the petitioner is condoned.

2. The present writ petition has been filed seeking the following relief(s):- "1.(i) The humble Petition has been filed under the constitutional provisions of the writ of mandamus for directing and commanding the respondent/ Specially the respondent no. 9 for immediate refund of the

Patna High Court CWJC No.14095 of 2023(2) dt.30-07-2024 2/3 Petitioner hard earned investment having been invested 18,81,000/-with payable with interest @ ₹ 10% per annum the year 2016 for the purpose of purchasing a flat at PG Town Block, Project Name IOB Nagar, At Sarari, Near Danapur Railway Station, PO Khagaul, Patna at one of projects of the respondent no. 9 against the assurance given by the same for timely Completion of the project as per the Real Estate Regulation Act (RERA) Act, 2016 and failing on the same it shall be liable to return the payment with interest against the Breach of Contract by the respondent and RERA court orders.

(ii) That a humble prayer for other relief/reliefs wherein life time savings of the Petitioner had been invested in this project and since them the respondent no. 9 had been regularly playing foul play in the aforesaid matter and dilly tactics to devoid of this Petitioner either of the property nor refund of the paid amount.

(iii) That humble prayer for the reliefs in the matters of directing the respondent state authority to make stringent supervisions and such act desertion"

3. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of her aforesaid grievances. Liberty so sought is granted.

Patna High Court CWJC No.14095 of 2023(2) dt.30-07-2024 3/3

4. The writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U