Sheo Narayan Rajak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17313 of 2018 ====================================================== Sheo Narayan Rajak S/o Late Lamu Rajak Resident of Mohalla - Golakpur, P.O. Mahendru, P.S. Pirbahore, District - Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

3.

The Chairman cum Managing Director, Bihar State Housing Board, Patna. 4.

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

5.

The Estate Officer, Bihar State Housing Board, Patna. 6.

The Revenue Officer, Bihar State Housing Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Jha, Adv.

For the UOI :

Mrs. Kanak Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2022 The present writ petition was filed for directing the Respondent-Bihar State Housing Board (hereinafter referred to as "the Board") to hand over the plot in question situated at Digha or in the alternative refund the amount deposited by the petitioner along with interest.

The Respondent-Board has filed a counter affidavit wherein it has been stated that the plot in question could not be handed over to the petitioner on account of certain impediments,

Patna High Court CWJC No.17313 of 2018(3) dt.20-09-2022 2/3 hence, the State Government, in order to resolve the situation, prevailing not only with regard to the petitioner, but also other similarly situated persons, had notified the Digha Acquired Land Settlement Act, 2010, vide notification dated 27.11.2013.

In such view of the matter, it is submitted by the learned counsel appearing for the Respondent-Board that the allotment of the petitioner has been cancelled and as per Clause 4 of the said Act, 2010, the amount deposited by the petitioner shall be refunded with 8% yearly compound interest, provided the petitioner fills up form C and deposit the same.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioner to fill up form C and deposit the same before the concerned authorities of the Respondent-Board within a period of four weeks from today, whereupon the amount deposited by the petitioner shall be paid along with 8% yearly

Patna High Court CWJC No.17313 of 2018(3) dt.20-09-2022 3/3 compound interest within a period of eight weeks, thereafter.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U