Nitu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13976 of 2024 ====================================================== Nitu Kumari, W/o Vikash Kumar, R/o Jhing Nagar Sangat, P.S.-Biharsharif, District- Nalanda, Bihar-803101 ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna 2.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna 3.

The District Magistrate cum Collector, Patna. 4.

Additional Collector-cum-Senior Officer, District Certificate Officer, Patna. 5.

Special Officer Rationing-cum-Certificate Officer, Patna 6.

Chairman, Real Estate Regulatory Authority, Patna 7.

Authorized Officer, Real Estate Regulatory Authority, Patna 8.

M/s Agrani Homes Pvt. Lts through its Director Alok Kumar, Yogipur Chitragupta Nagar, P.S.- Patrakar Nagar, P.O. Lohiya Nagar, Kankarbagh, District Patna.

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Respondent/s :

Mr. Nadin Seraj. Government Pleader (5) Ms. Shalini, AC to GP 5 For the RERA Mr. Jainandra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 07-04-2025 Heard the learned counsels for the parties.

2. This writ petition has been filed for seeking the following relief(s):

"A. For directing the official Respondents, especially Respondent No. 3 to ensure the recovery of the principal amount of Rs. 28,13,000 along with interest from Respondent No. 8 in terms of the order dated 13.06.2023 passed by the Real Estate Regulatory Authority (RERA) in

Patna High Court CWJC No.13976 of 2024(3) dt.07-04-2025 2/3 RERA/CC/163/2021 B. For directing Respondent No.2 and 3 to appoint a special recovery officer for cases pertaining to Respondent No. 8 given the fact that a large number of recovery cases is pending against Respondent No. 8 and such appointment is required to ensure that there is an equitable distribution of proceeds from the assets of Respondent No. 8.

C. For directing Respondents to devise an action plan for recovery of compensation, refunds, and penalty due against Respondent No. 8 taking into consideration all the cases pending and disposed against Respondent No. 8.

D. For passing such further or other order(s) as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. This Court has directed the petitioner to take out notice to the Respondent No. 8. Office report is put up stating that the Respondent No. 8 is not served.

4. Learned counsel appearing on behalf of the petitioners has stated that the Respondent No. 8 is in custody since the last more than two and half years and the prayer sought for by the petitioner is only to direct the Respondent No. 5 to dispose of the PDR cases pending before him as expeditiously as possible.

Patna High Court CWJC No.13976 of 2024(3) dt.07-04-2025 3/3

5. Learned counsel appearing on behalf of the respondents-State has also stated that he has no objection if a direction may be given to the Respondent No. 5 to dispose of the PDR cases pending before him strictly in accordance with law.

6. Having regard to the above made submissions, without going into the merits or demerits of the case, the present writ petition is disposed of directing the Respondent No. 5 to dispose of the PDR cases pending before him strictly in accordance with law duly putting all the parties on notice and giving them an opportunity of hearing as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) Bhardwaj/- U