Patna High Court
Bimlesh Kumar vs The Bihar State Housing Board on 1 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1677 of 2019
In
Civil Writ Jurisdiction Case No.10309 of 2013
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Bimlesh Kumar, Son of Badri Narayan Singh, Resident of Village- Bisrampur,
P.O.- Imamganj, P.S.- Imamganj, District- Gaya.
... ... Appellant/s
Versus
1. The Bihar State Housing Board 6-Sardar Patel Marg, Patna- 800015 through
its Secretary.
2. The Managing Director, Bihar State Housing Board, Patna.
3. The Executive Engineer-cum-S.D.O., Gaya Pramandal Housing Road, Gaya.
4. The Revenue Officer, Gaya Pramandal Bihar State Housing Board, Sardar
Patel Marg, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satya Ranjan Sinha, Adv.
For the Housing Board : Ms. Tanuja Mishra, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 01-12-2022
Heard Mr. Satya Ranjan Sinha, the learned
Advocate for the appellant and Ms. Tunuja Mishra, the
Patna High Court L.P.A No.1677 of 2019 dt.01-12-2022
learned counsel for the respondent/Housing Board.
2. The appellant, being aggrieved by the
order dated 25.10.2019, passed in C.W.J.C. No. 10309
of 2013, has come up before this Court, but has limited
his prayer to the refund of his money with interest which
is still lying with the authorities, even when he has not
been selected from being allotted a plot of land under
EWS category.
3. Regardless of the fact that such a prayer
was not made before the learned Single Judge, who was
only called upon to see as to why plot of land was not
given to the appellant, but on finding that when in the
draw of lots, the petitioner was not selected, he was
required to be paid the money deposited by him.
4. There also appears to be a public
declaration of the authorities that all those candidates
who could not be allotted land, shall be returned their
money.
5. Under the aforesaid circumstances, we
Patna High Court L.P.A No.1677 of 2019 dt.01-12-2022
only direct that in case the appellant approaches the
authority concerned for refund of money deposited by
him for allotment of a plot of land under EWS category,
that shall be returned to him, if there is no other
objection. The authority shall also consider whether the
petitioner is entitled to interest on the said amount, as it
has been lying with the authorities for a long time by
now.
6. The appeal stands disposed off with the
aforesaid observation.
(Ashutosh Kumar, J)
(Nawneet Kumar Pandey, J)
Praveen-
II/Anuradha
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.12.2022
Transmission Date N/A
