IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.16510 of 2009
1. ASHA KUMARI W/O SHAILESH PRASAD SINGH, AT-SAHIT, P.O AND P.S-
VIDYAPATINAGAR, DISTT- SAMASTIPUR
Versus
1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, URBAN
DEVELOPMENT DEPARTMENT, BIHAR, PATNA
2. THE DEPUTY SECRETARY, URBAN DEVELOPMENT DEPRTMENT, BIHAR,
PATNA
3. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, BIHAR,
PATNA
4. THE LAND REVENUE OFFICER, BIHAR STATE HOUSING BOARD, BIHAR,
PATNA
5. THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD, DARBHANGA
DIVISION, DARBHANGA
6. THE ASSISTANT ENGINEER, BIHAR STATE HOUSING BOARD, DARBHANGA
DIVISION, DARBHANGA
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3/ 02/12/2010 Heard learned counsel for the petitioner and
learned counsel for the Bihar State Housing Board.
Despite the writ application having been filed
after serving two copies upon the learned counsel for the
Housing Board on 25.11.2009, no counter affidavit has
been filed by the Board till date.
Learned counsel for the Board sought to make
submissions from instructions he had received and
sought leave to produce a document on behalf of the
Board addressed to the petitioner which this Court
permits him to do as no useful purpose is going to be
served by insisting on a counter affidavit given the
reluctance of the Board to file the same.
The original relief sought was for possession
of Plot No.H/153 made by allotment No.854/Aa dated
-2-
12.5.2006. A supplemental relief sought is for return of
interest for the rest of the sixty monthly installments at
the rate of 13.05% as also payment of Rs.92,500 forced to
be borne by the petitioner for staying in private rental
accommodation due to failure on the part of the
respondents to give possession of the lands. Learned
counsel submits that under the allotment agreement
dated 12.5.2006 between the parties he fulfilled all
conditions required of him notwithstanding which
possession was not being given.
Learned counsel for the Board produces a
photo copy of a letter No.182 dated 16.3.2007 addressed
to the petitioner for giving possession of Plot No.H/153
and submits that the Board is in a position to give free
and vacant possession of the lands.
Learned counsel submits that once he has
been offered possession on 16.3.2007, he is entitled to
appropriate remissions in installments and/or interest
under the allotment agreement dated 12.5.2006.
The order dated 12.5.2006 is an allotment
order and not one for giving possession of the plot which
was subject to certain conditions. Which of the parties
complied the condition and which of the parties
defaulted, is a question of fact. The consequences of
default are also to be found in the agreement dated
-3-
12.5.2006. Likewise, there is no material before this
Court to arrive at a finding how, when and in what
manner the possession letter dated 16.3.2007 was
delivered to the petitioner or not before its production in
Court. On that may depend the liabilities under the
allotment order dated 12.5.2006. After such liabilities are
fixed, the consideration of the claims of the petitioner for
refund of interest on amounts paid allegedly due to
delayed possession may or may not arise.
The writ application is, therefore, disposed
with liberty to the petitioner to file an application before
the Price Fixation Committee of the Bihar State Housing
Board along with a copy of the present order with all
supportive materials in respect of his claims under the
allotment dated 12.5.2006 and the conditions thereof
read in conjunction with the letter of possession dated
16.3.2007 to fix the respective liabilities of the parties.
The Price Fixation Committee is expected to dispose of
the matter expeditiously preferably within a maximum
period of three months from the date of
receipt/presentation of a copy of this order.
Needless to state that unless and until the
Board does not hand over free and vacant possession to
the petitioner in pursuance of the possession letter dated
16.3.2007 the liabilities of the Board shall continue.
-4-
To obviate any further controversies, this
Court directs in presence of the learned counsel for the
parties that free and vacant possession of the land, as
offered by the Housing Board, shall be given to the
petitioner on the 14th of January, when the Executive
Engineer of the Board and the petitioner are directed to
remain present on the plot in question for the purpose at
11.00 a.m.
Let the Xerox copy of the possession letter
dated 16.3.2007 placed during submissions be kept on
record and a photo copy of the same be furnished to the
counsel for the petitioner by the Court.
The writ application stands disposed.
KC ( Navin Sinha, J.)