Mr. Ramadhar Choudhary v. The Bihar State Housing Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17479 of 2022 ====================================================== Mr. Ramadhar Choudhary S/o Late Nityeshwar Choudhary, permanent resident of Ward no. 5, Udaypur Bithuar, Gadhiya, Udaypur Bithuar, Madhubani, Bihar- 847231 ... ... Petitioner/s

Versus

1.

The Bihar State Housing Board through its Managing Director having its office at 6 Sardar Patel Marg, Patna- 800 015. 2.

The Managing Director, Bihar State Housing Board, 6, Mangles Road, Patna.

3.

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

The Revenue Officer, Bihar State Housing Board, 6, Mangles Road, Patna. 5.

The Executive Engineer, Patna Division No. 2, Bihar State Housing Board, Patna.

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

For the Petitioner/s :

Mr.Apurv Harsh, Advocate :

Mr. Manu Tripurari, Advocate :

Mr. Mahima Sharma, Advocate :

Mr. Prashant Bhardwaj, Advocate :

Mr. Sujit Kumar, Advocate For the Respondent/s :

Mr.Pawan Kumar, Advocate :

Ms. Pratibha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-06-2023 The present writ petition has been filed seeking the following reliefs:- " (i) For issuance of an appropriate writ/ writs, order or direction commanding the respondent-Bihar State Housing Board to allot a plot/ house/ flat within a fixed time frame, who despite several representations by the petitioner are in default of not registering the Hire Purchase Agreement.

(ii) For issuance of a writ, order or direction

Patna High Court CWJC No.17479 of 2022(2) dt.27-06-2023 2/3 directing the respondents and more particularly the Bihar State Housing Board to register the Hire Purchase agreement for the plot allotted to the petitioner."

At the outset, the learned counsel for the respondentBihar State Housing Board has submitted that as far as Digha land is concerned, the Government has come out with an act, namely, Digha Acquired Land Settlement Act, 2010, according to which, the allotment of plots made in the Digha area shall be deemed to have been annulled and the deposits made by the allottees/applicants shall be refunded with compound interest at the rate of 8 % per annum from the date of its deposit till the date of refund.

In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the authorities of the respondent-Bihar State Housing Board, Bihar Patna, by filing appropriate application for refund of the money deposited by him along with interest. Liberty so sought, is granted.

It is needless to state that in case, appropriate application is made within a period of four weeks from today, appropriate decision shall be taken thereon, within a period of six weeks, thereafter.

Patna High Court CWJC No.17479 of 2022(2) dt.27-06-2023 3/3 The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U