IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.413 of 2011
In
Civil Writ Jurisdiction Case No. 4013 of 1994
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1. The Bihar State Housing Board, Mangles Road, Patna through its
Managing Director
2. The Managing Director, Bihar State Housing Board, Mangles Road,
Patna
3. Estate Officer, Bihar State Housing Board, Mangles Road, Patna
…. …. Appellant/s
Versus
1. Devendra Prasad Sinha son of Late Biswanath Prasad Sinha, resident
of MIG 102, Kankarbagh, P.S. Kankarbagh, District Patna
2. The State of Bihar
3. Jang Bahadur Singh son of Muni Singh resident of village Chauri,
P.O. Bahar, District Bhojpur
…. …. Respondent/s
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Appearance :
For the Appellant/s : Mr. Piyush Lal, Advocate
For the Respondent/s : Mr. Kunal Tiwary, Advocate
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8 29-09-2011 Heard the parties.
The Writ Court by the order under appeal has allowed
substitution of the original writ petitioner Bishwanath Prasad
Sinha with his only son Devendra Prasad Sinha, respondent no.1 in
this appeal. On consideration of claim of Bishwanath Prasad
Sinha that he was allotted the MIG flat in question in 1968 and
that the said flat was illegally allotted to another person being an
Executive Engineer of the appellant Board, in 1981, the writ
petition was allowed with direction to the Board to consider the
claim of the petitioner in accordance with law within a period of
four months from the date of receipt/ production of a copy of the
Patna High Court LPA No.413 of 2011 (8) dt.29-09-2011
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order. The Writ Court has clarified that the claim of the original
writ petitioner requires consideration on the basis of offer made in
the letter dated 13.8.1974 and that since the arrears of rent till June
1974 were required to be deposited and were admittedly deposited,
the claim of the original writ petitioner shall not be rejected on the
ground of being in arrears of rent. The Writ Court has also
recorded the undertaking by counsel for the writ petitioner that he
was ready to comply with any legitimate conditions raised by the
authorities of the Board in respect of arrears of rent.
On hearing learned counsel for the appellants and
learned counsel for respondent no.1, we directed the Board by our
earlier order dated 12.9.2011 to prepare and present a chart of
calculation to show the dues of rent against the petitioner. The
chart of calculation has been now made available and it shows
outstanding arrears of Rs.42980.52 paise upto 1st October, 2011.
Learned counsel for the respondent no.1 submits that the aforesaid
amount shall be paid by respondent no.1 before 1st October, 2011
so that there is no scope of any further demand or confusion
regarding rent.
On merits, we find that the Writ Court has considered
all the relevant facts in detail. The findings of the Writ Court, in
our view, suffer from no illegality and require no interference.
Patna High Court LPA No.413 of 2011 (8) dt.29-09-2011
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The appeal is, therefore, dismissed with a direction that the arrears
of rent which the respondent no.1 has undertaken to deposit before
1st October, 2011 shall be accepted by the appellants without any
excuse. This order shall not stand in the way of the appellants in
complying with the direction of the Writ Court.
(Shiva Kirti Singh, J)
(Shivaji Pandey, J)
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