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Patna High CourtCWJC/15191/2024disposed

Nitya Nand Jha v. The State Of Bihar

2024-10-07Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15191 of 2024 ====================================================== Nitya Nand Jha Son of Late Bhawanand Jha Resident of Road No. 14 Rajiv Nagar, Police Station Rajiv Nagar, Town and District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Cooperatives, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Co-operatives, Government of Bihar, Patna.

3.

The Registrar, Co-operative Societies, Bihar, Patna. 4.

The Managing Director, Bihar State Housing Co-operative Federation, Lalit Bhawan, Bailey Road, Patna.

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

For the Petitioner/s :

Mr. Dhirendra Kumar Jha, Adv.

For the Resp. no. 4 :

Mr. Bimal Kishor Singh, Adv.

For the State :

Mr. Sushil Kumar, G.P. 22 Mr. K.K. Singh, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-10-2024 Heard the parties.

2. The present writ petition has been preferred for the following relief(s):

i) For commanding the respondents, particularly the respondent Nos. 4 to make available a Plot for housing under the Self Financing Scheme for housing sites (Phase-1) launched by the Bihar State Housing Cooperative Federation Limited (herein after to be referred as the Federation) long time back in 1981 to which the petitioner had applied in time, deposited the requisite fee etc. but even after lapse of

Patna High Court CWJC No.15191 of 2024(2) dt.07-10-2024 2/3 decades no Plot has been made available to him and no reason for denial has been assigned to him.

ii) For holding that the respondent Federation is duty bound to allot a plot in/around Patna town under Self Financing Scheme (herein after to be referred as the Scheme) to the petitioner since his application against advertisement launching the said Scheme was accepted but the same is not being allotted to him.

iii) For holding that the petitioner, a bonafide applicant for housing plot under the Scheme, is entitled to be allotted a Plot at an appropriate site in/around Patna town under the Scheme as has been done with several persons by the Federation but is not being in respect to the petitioner without any rhyme and reason.

iv) For restraining the respondents, particularly the respondentsFederation from disposing of the Plots earmarked for allotment to the applicant under the Scheme during the pendency of this Writ petition and in alternative kept at least one Plot reserved subject to the final outcome of the present Writ petition.

3. After some argument, learned counsel for the petitioner prays for withdrawal of the petition to seek an

Patna High Court CWJC No.15191 of 2024(2) dt.07-10-2024 3/3 alternate remedy/approaching appropriate authority for redressal of his grievance.

4. Without commenting on the merit of the case, granting liberty, the writ petition stands disposed of. (Rajiv Roy, J) Vijay Singh/- U