Sujeet Raj v. The State Of Bihar Through Mr. Chaitnya Prasad, The Principal Secretary, Urban Development And Hous

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 2743 of 2017 In Letters Patent Appeal No. 210 of 2014 ====================================================== Sujeet Raj, S/o Late Shree Narayan Singh, Resident of Mohallah- Keshri Nagar, Text Book Colony, P.O.- Keshri Nagar, Distt- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Mr. Chaitnya Prasad, The Principal Secretary, Urban Development And Housing Department, Government of Bihar, Patna 2.

The Bihar State Housing Board Through Its Managing Director, Mr. Amarendra Prasad Singh, Mangles Road, Patna 3.

Mr. Mahendra Prasad Singh, The Estate Officer, Bihar State Housing Board, Mangles Road, Patna.

4.

Mr. Sujeet Kumar, The Executive Engineer, Bihar State Housing Board, Patna Division-2, Distt- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar, Advocate For the S t a t e :

Mr. Rakesh Ambastha, A.C. to A.A.G. VII For the Housing Board :

Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH) 16-10-2019 Heard learned counsel for the petitioner, learned A.C. to A.A.G. VII; and learned counsel for the Bihar State Housing Board (hereinafter referred to as the Board).

2. The petitioner had moved the Court alleging noncompliance of order dated 14.07.2016 passed in LPA No. 210 of 2014 by which the Board was required to return the deposit made by the petitioner along with 12.0% compound interest. During pendency of the application, the Board moved the Hon'ble Supreme Court in Civil Appeal No (s). 6165 - 6166 of 2018 which was disposed off by order dated 09.07.2018

Patna High Court MJC No.2743 of 2017(4) dt.16-10-2019 2/2 modifying the order of the Division Bench to the extent that 12% simple interest was granted instead of compound interest. It was further ordered that such payment shall be made within a period of six weeks and the petitioner was given liberty to withdraw the amount, if deposited in the High Court.

3. In the supplementary show cause filed on behalf of the Board, stand has been taken that an amount of Rs 3,74,624/- through cheque has been deposited in the High Court on 18.08.2018.

4. In view of the aforesaid, the application stands disposed off with liberty to the petitioner to withdraw the aforesaid amount from the Registry of this Court after complying with the required formalities, if already not done, in terms of the aforesaid order of the Supreme Court. (Ahsanuddin Amanullah, J) ( Madhuresh Prasad, J) M.E.H./- U