Ankit Mishra v. The Bihar State Housing Board Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2244 of 2022 In Civil Writ Jurisdiction Case No.11931 of 2022 ====================================================== Ankit Mishra Son of Late Dr. Rajendra Mishra resident of MIG Flat no. 81, Lohia Nagar, Kankarbagh, Patna.

... ... Petitioner/s

Versus

1.

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

The Managing Director, Bihar State Housing Board Ltd., Patna - 800001. 3.

The Estate Officer, Bihar State Housing Board Ltd., Patna - 800001. 4.

The Executive Engineer, Bihar State Housing Board Ltd., Patna - 800001. 5.

The Competent Authority Bihar State Housing Board Ltd., Patna - 800001. 6.

Smt. Archana Mishra, Wife of Shri Prashant Priyadarshi residing at A/85, Abhishek Niwas, PC Colony, Kankarbagh, Patna. 7.

The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, New Secretariat, Patna. 8.

The Minister in charge, Urban Development Department, Government of Bihar, New Secretariat, Patna.

9.

The Principal Secretary, Urban Development Department, Government of Bihar, New Secretariat, Patna.

10.

The Additional District Magistrate, Law and Order, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra For the Opposite Party/s :

Mr.Pawan Kumar Mr. Rakesh Ambastha, AC to AAG- 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner, learned A.C. to A.A.G.-7 for the State, learned counsel for the private respondent no. 6 as well as learned counsel for the Bihar State Housing Board.

In pursuance of the order dated: 22.02.2023 a supplementary show-cause has been filed on behalf of the Opposite Party No. 9 duly sworn by the Chief Secretary, Government of Bihar, Patna. The copy of the show -cause is on record.

Patna High Court MJC No.2244 of 2022(8) dt.22-03-2023 2/2 I have perused the affidavit filed by the Chief Secretary, Govt. of Bihar. From perusal of the affidavit it appears that in exercise of the power under Section 60(1) of the Bihar State Housing Board Act, the Government has authorized Mr. Sunil Kumar Yadav, Additional Secretary, Urban Development & Housing Department, Bihar, Patna to hear Appeal filed before the State Government on behalf of the person aggrieved by an order of the competent authority passed under Section 59 of the Bihar State Housing Board Act. In view of the aforesaid affidavit and the fact that the Appeal filed by the petitioner is pending for the last six months, I direct the Additional Secretary, Urban Development and Housing Department, Bihar, Patna i.e. Appellate Authority to decide the Appeal filed by the petitioner within a period of two months from the date of receipt / production of a copy of this order.

Accordingly this application is disposed of.

praful/- (Anil Kumar Sinha, J) U