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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08. 11.11.2011 In compliance of the order of the High
Court dated 18.01.2011 the authorities of the Bihar
State Housing Board have passed order bearing
Memo No.8023 dated 5.9.2011 rejecting the request
of the petitioner for exchange of his allotted flat in
Bahadurpur with a house in Hanumar Nagar colony
of the Board on the ground that in the light of the
resolution of the Board dated 23.11.1993 exchange of
flat with house cannot be permitted as allotment of
flat with the petitioner under letter dated 10.11.1993
has been made under discretionary quota of the State
Government and appreciating such fact the request of
the petitioner for exchange was earlier rejected under
resolution of the Board dated 6.1.2009.
It is submitted on behalf of the petitioner
that while passing order dated 18.01.2011 this Court
noted the submission of the petitioner that he was an
applicant for allotment of house in Hanuman Nagar
colony of the Board and while accepting the
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allotment of flat made in Bahadurpur colony of the
Board under letter dated 10.11.1993, petitioner had
not given up his claim for such allotment. Counsel for
the petitioner states that he may be granted liberty to
seek review of the order of the High court dated
18.01.2011 so as to enable the High Court to
adjudicate the validity of the claim of the petitioner
for allotment of the house in Hanuman Nagar colony
of the Board.
Put up on 23.11.2011 along with records of
C.W.J.C. No.209 of 2006 maintaining its position in
the same list but copy of the civil review petition be
served on the counsel for the Board or on before
16.11.2011 so as to enable him to place on record the
counter affidavit to the submission made in the
review petition. It is made clear that if review petition
is dismissed by this Court the same shall entail heavy
cost.
( V. N. Sinha, J.)
Rajesh/