IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2173 of 2011
Harikant Thakur
Versus
The State Of Bihar & Ors
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06. 19.10.2011 In compliance of the order of the High
Court dated 19.09.2011 counsel for the petitioner has
filed reply to the show cause placing on record the
allotment letter of Chameli Devi dated 24.03.1992
allotting MIG 3MF in Bahadurpur Housing Colony of
the Board, which was subsequently allowed to be
exchanged under allotment letter no.1269/H dated
18.07.2003 allotting MIG house in Hanuman Nagar
colony of the Board contrary to the resolution of the
Board dated 23.11.1993. When such fact were
brought to the notice of the learned counsel for the
Board, learned counsel submitted that order dated
18.07.2003 allowing exchange in the case of Chameli
Devi proceeds on the basis of the order of the High
Court in Contempt Proceeding No.254 of 1994. This
Court under order dated 18.01.2011 Annexure-1,
alleging non-compliance whereof present contempt
petition has been filed asked the authorities of the
Board to consider the case of the petitioner for
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exchange. While considering the case of the
petitioner for exchange under order dated 5.9.2011
the authorities of the Board should have taken into
account the earlier order of the High Court and the
exchange allowed in the case of Chameli Devi, as it is
submitted that if in the case of Chameli Devi the
resolution of the Board dated 23.11.1993 was given a
go-by then such precedent should have also been
followed even in the case of petitioner.
Copy of the show cause reply has been
served on the counsel for the Board today itself. In
the circumstances, I am asking him to seek
instruction in the matter.
Put up on 3.11.2011 maintaining its
position in the same list.
( V. N. Sinha, J.)
Rajesh/