Patna High Court
Suresh Kumar Singh vs The Bihar State Housing Board on 21 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4015 of 2022
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Suresh Kumar Singh son of Late Harihar Prasad Singh resident of Village-
Madhubani, P.O.- Basantpur Bunglow, Via- Amnaur, P.S.- Amnaur, District-
Saran.
... ... Petitioner/s
Versus
1. The Bihar State Housing Board through its Managing Director, Mangles
Road, Patna.
2. The Chief Engineer, Bihar State Housing Board, Patna.
3. The Estates Officer-cum- Additional Secretary, Bihar State Housing Board,
Patna.
4. The Superintending Engineer, Bihar State Housing Board, Patna.
5. The Executive Engineer, Bihar State Housing Board, Muzaffarpur Division,
Muzaffarpur.
6. The Assistant Engineer, Bihar State Housing Board, Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bibhakar Tiwary
For the Respondent/s : Mr.Pawan Kumar
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 21-08-2023
The present writ petition has been filed seeking the
following reliefs:-
"1(i). To issue an appropriate writ, preferably in
the nature of certiorari for setting aside letter
no.622 dated 14.8.2014 issued under the signature
of Executive Engineer, Bihar State Housing
Board, Muzaffarpur Division, Muzaffarpur
whereby and whereunder allotment of MIG Plot
no.MP-180 in favour of the petitioner in Sarha,
Chapra has been cancelled.
Patna High Court CWJC No.4015 of 2022 dt.21-08-2023
(ii) To issue an appropriate writ preferably in
nature of mandamus commanding upon the
Respondent Authorities to discharge their legal
obligation and to register MIG plot no.MP-180 in
favour of the petitioner which was allotted to him
in Sarha, Chapra on the rate furnished by the
respondent authorities through letter no. 194 dated
05.03.2018 issued under the signature of the
Executive Engineer, Bihar State Housing Board,
Muzaffarpur Division, Muzaffarpur."
2. The learned counsel for the petitioner has submitted that
though the allotment of the plot in question to the petitioner was
cancelled, by an order dated 14.8.2014, the petitioner had
immediately thereafter, filed an appeal on 19.9.2014, but till
date, no order has been passed thereon. Nonetheless, the learned
counsel for the Respondent, Bihar State Housing Board has
submitted that since several notices were issued to the petitioner
for the purposes of paying the balance amount and entering into
an agreement with the Respondent-Bihar State Housing Board
but the petitioner had failed to respond, the allotment in
question had stood cancelled, however, he is not averse to the
idea of the competent authority passing appropriate orders, in
accordance with law, upon the appeal, filed by the petitioner.
3. Accordingly, I deem it fit and proper to dispose off the
Patna High Court CWJC No.4015 of 2022 dt.21-08-2023
present writ petition with a direction to the Managing Director,
Bihar State Housing Board, Patna, to consider the appeal /
revision petition, filed by the petitioner, which has been annexed
as Annexure-10 to the present petition, in accordance with law
and pass a reasoned and a speaking order thereon, within a
period of six weeks from today.
(Mohit Kumar Shah, J)
Ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.08.2023
Transmission Date NA
