IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.999 of 2011
Krishna Murari Pd. Singh & Ors
Versus
The State Of Bihar & Ors.
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4 21-10-2011 The show cause submitted on behalf of
opposite party no.3, the Managing Director, Bihar State
Housing Board does not give any particulars with
respect to the defaulting allottees. No list has been
appended and it is clear that no action has been taken
by the Housing Board either within six months from
the order of the Division Bench dated 2-9-2008
(Annexure-1) or even till today. Pursuant to general
notice dated 14-3-2008 they had undertaken before this
court to take action within six months against the
defaulters who had not constructed houses within the
time provided in Clause-13 of the hire- purchase
agreement, in exercise of power under Clause 19(a) of
the agreement. The show cause discloses that not only
general notice has been forgotten and replaced by
successive further notices which are absolutely vague,
do not refer to order of this court, are not addressed to
any of the allottees and do not indicate any
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contemplated action under Clause 19 (a) of the
agreement which is evident from the latest notice
contained in annexure-A to the show cause.
In view of aforesaid facts, the show cause
filed on behalf of opposite party no.3 is rejected. We
direct opposite party no.3 to appear before this court
with a fresh show cause to show at least substantial
compliance with the order of Division Bench contained
in annexure-1.
As prayed, let this matter be listed under the
same heading on 15-11-2011 among first ten cases.
(Shiva Kirti Singh, J.)
(Shivaji Pandey, J.)
BKS/-