Veena Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8610 of 2016 ====================================================== Veena Singh wife of Late Mithilesh Kumar Singh resident of Ramjaipal More, New Bailey Road, P.S. - Rupaspur, Patna - 801503. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Managing Director, Bihar State Housing Board, Mangles Road, Patna. 3.

The Bhoo Sampada Padadhikari, Bihar State Housing Board, Mangles Road, Patna.

4.

The Executive Engineer, Bihar State Housing Board, Patna Division - 2, Bahadurpur, Sector - 3, Patn ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar Singh For the Respondent/s :

Mr.Anil Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned counsel appearing for Bihar State Housing Board.

2. The present writ application has been filed for issuance of writ of Mandamus for directing the respondent to refund the security deposit of Rs.7348/- with suitable interest.

3. Learned counsel appearing on behalf of Bihar State Housing Board submits that the petitioner has failed to furnish any proof of fact that Rs.7,348/- is deposited by way of security money to the Housing Board. He fuhrer attracts the attention of this Court to paragraph 5 of the supplementary counter affidavit filed by the Board which is quoted hereinbelow for needful :- "5. That, it is stated that the Board in its 256th meeting has decided to abolish the time limit fixed earlier for deposit of "Form-C" which is the form for refund of money by the allottee/application at Digha and the Board has further

Patna High Court CWJC No.8610 of 2016(6) dt.07-08-2025 2/2 decided that compound interest rate of 8% will be calculated only till 30th November, 2017 however, the petitioner has not submitted Form'C."

4. Learned counsel for the petitioner submits that the present writ application may be disposed of in the light of the aforesaid statement made in paragraph 5 of the supplementary counter affidavit and the petitioner shall furnish proof of deposit of security money of Rs.7348/- before the Housing Board and if such a deposit has been made by the petitioner then the Bihar State Housing Board will consider refunding the same in accordance with decision taken in its 256th meeting.

5. As prayed for, the present writ application is disposed of directing the petitioner to approach the Bihar State Housing Board for refund of the security deposit of Rs.7,348/-. He will furnish proof of the deposit before the Board and if the Board is satisfied that such an amount has to be refunded to the petitioner then it will be refunded to the petitioner with suitable interest as per the Board's decision in its 256th meeting.

6. With the aforesaid observation and direction, the present writ application stands disposed of.

(Alok Kumar Sinha, J) sanjeev/- U