Tarun Kumar Srivastava v. The Bihar State Housing Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17337 of 2015 ====================================================== Tarun Kumar Srivastava son of Late Ram Bacha Lal, resident of 3MF 4/26, Bahadurpur Housing Colony, P.S. Agamkuan, District- Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Housing Board, Patna through its Managing Director. 2.

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

The Estate Officer, Bihar State Housing Board, Patna. 4.

The Revenue Officer, Bihar State Housing Board, Patna. 5.

The Executive Engineer, Division II, Bihar State Housing Board, Bhootnath Road, Patna.

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

For the Petitioner/s :

Mr.Ashok Kumar,Adv.

For the Respondent/s :

Mr.Anil Kumar Sinha,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-04-2023 The present writ petition has been filed seeking the following reliefs:- "1.(a) To the respondents to calculate the dues of the petitioner in accordance with the terms of the registered agreement between the parties.

(b) The letter contained in memo no.1690 dated 8th of December, 2014 issued by the Executive Engineer, Respondent no.5 contained in Annexure-9 in which price has been arbitrarily enhanced and demanded, may be quashed.

(c) The Respondent Board may be directed to make final calculation according to the terms of the hire purchase agreement and after

Patna High Court CWJC No.17337 of 2015(3) dt.11-04-2023 2/2 receiving the same amount may be further directed to execute a final registered deed of sale in favour of the petitioner.

(d) Pending final hearing of this application the respondents may be directed not to take any coercive action for realization of the enhanced price."

At the outset, the learned senior counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Pricing Committee of the respondentBihar State Housing Board, Patna for determination of the outstanding amount payable as per the agreement. Liberty so sought is granted.

It is needless to state that in case appropriate application is made by the petitioner within a period of four weeks from today, the Pricing Committee of the respondent-Bihar State Housing Board, shall decide the same as per the terms and conditions stipulated in the agreement and in accordance with law, within a period of six weeks, thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/S.SbU