Brigadier Ramanandan Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11202 of 2014 ====================================================== Brigadier Ramanandan Prasad Singh S/o late Chandramani Prasad Singh resident of village - Babhangama, P.O. - Pahsara - Babhangama via Manjhaul, P.S. - Nowkothi, District - Begusarai presently residing at House No. 9, Sector - 23, East Pocket, Gurgaon, Haryana, Pin Code - 122017. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar.

3.

The Bihar State Housing Board, through its Secretary, 6 Sardar Patel Marg, Patna - 15.

4.

The Managing Director, the Bihar State Housing Board, 6 Sardar Patel Marg, Patna - 15.

5.

The Secretary, the Bihar State Housing Board, 6 Sardar Patel Marg, Patna - 15.

6.

The Revenue Officer, the Bihar State Housing Board, 6 Sardar Patel Marg, Patna - 15.

7.

The Manager Estate, the Bihar State Housing Board, 6 Sardar Patel Marg, Patna - 15.

8.

The Chief Accounts Officer, the Bihar State Housing Board, 6 Sardar Patel Marg, Patna - 15.

9.

The Executive Engineer, the Bihar State Housing Board, Patna Division - 2, Bahadurpur, Patna - 20.

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

For the Petitioner/s :

Mr.Binod Kumar Singh, Advocate For the State :

Mrs. Binita Singh, SC-28 For the B.S.H.B.

:

Mr. Anshuman Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-07-2024 The present writ petition has been filed seeking the following relief:- "1.That this is a writ petition on behalf of the petitioner for issuance of a writ of Mandamus or writs in

Patna High Court CWJC No.11202 of 2014(4) dt.31-07-2024 2/3 the nature thereof or appropriate writs / orders / directions for commanding the respondents to deliver immediately the plot of the land under hire purchase registered agreement being Plot No.3H/456 which was unilaterally replaced by Plot No. 10H/93 without the knowledge and consent of the petitioner, situated in Mohalla and P.O.-Digha, Town- Patna."

2.

At the outset, the learned counsel for the respondent-Bihar State Housing Board, Patna submits that in terms of the notification issued by the respondent-Bihar State Housing Board, Patna i.e. "The Digha Acquired Land Settlement Act, 2010", the amount deposited by the petitioner shall definitely be refunded within a period of four weeks of him approaching the Managing Director, Bihar State Housing Board, Patna, along with interest/compound interest, as is stipulated in the said Digha Acquired Land Settlement Act, 2010. 3.

The Ld. Counsel for the petitioner seeks a direction upon the respondent no. 4 on the aforesaid terms.

Patna High Court CWJC No.11202 of 2014(4) dt.31-07-2024 3/3 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the respondent no. 4 and in case appropriate petition is filed by the petitioner before the Managing Director, Bihar State Housing Board, Patna, within a period of two weeks from today, for refund of the amount deposited by him along with interest, the same shall be disposed off by a reasoned and a speaking order, in accordance with law, within a period of four weeks, thereafter.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U