High Court Patna High Court - Orders

The Bihar State Housing Board & Ors vs Bishwanath Prasad Sinha & Ors on 29 September, 2011

Patna High Court – Orders
The Bihar State Housing Board & Ors vs Bishwanath Prasad Sinha & Ors on 29 September, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Letters Patent Appeal No.413 of 2011
                                                    In
                              Civil Writ Jurisdiction Case No. 4013 of 1994
                 ======================================================

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
======================================================
Appearance :

For the Appellant/s : Mr. Piyush Lal, Advocate
For the Respondent/s : Mr. Kunal Tiwary, Advocate
======================================================

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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