Allowed

Kapildeo Prasad Sinha v. the Bihar State Housing BOARDand

Patna HC15 Oct 2012CWJC/12536/2008

Case brief

AI extract

What is this about?

Petitioner sought writ directing Bihar State Housing Board to refund deposited land payment with interest due to prolonged delay in possession. Court held Board bound to refund within three months with statutory interest under Digha Acquired Settlement Act, 2010.

What did the court decide?

Refund of deposited money within three months along with interest at 8% compounded annually.

Kapildeo Prasad Sinha Vs the Bihar State Housing BOARDand — Consumer Protection | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12536 of 2008 ======================================================
Kapildeo Prasad Sinha, son of late Sri Dhanai Sinha, resident of Janakpuri Apartment, Flat No.B-11, Chirachashi, Bokaro, P S–Chas, District– Bokaro (Jharkhand) .... .... Petitioner/s Versus
The Bihar State Housing Board & others .... .... Respondent/s ======================================================
Appearance : For the Petitioner/s : Mr. Sanjay Kumar Mr. Panchu Ram Mr. Radhesh Kumar Sharma
For the Respondent/s : Mr. Bishnu Kant Dubey Mr. Rakesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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3 15-10-2012 Respondent Housing Board has taken a stand that there is near impossibility of delivery of possession of the land allotted to the petitioner, which is located in Digha area of the town of Patna.

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Petitioner has already deposited money with the Housing Board between the year 1979 to April, 2005 amounting to Rs.1,74,868.45.

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Counsel for the petitioner submits that at least money should be returned to him in the above stated circumstances.

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Court is not required to go into the issue as to why a situation of the kind was allowed to be created by the Housing Board or other State Agency. Since the petitioner is not at fault in

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Patna High Court CWJC No.12536 of 2008 (3) dt.15-10-2012

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not getting the possession of the land in question despite letter of allotment issued in his favour and he has been patiently waiting for more than 17 years since last payment in this regard before he finally decided to file the writ application, petitioner has made out a case for interference by this Court.

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Writ is allowed with a direction upon the respondent Housing Board that they are bound to refund the money deposited by the petitioner within a period of three months from the date of communication or production of a copy of this order. The deposit of the petitioner will carry interest @ 8% duly compounded as has been provided for in section 4 of the Digha Acquired Settlement Act, 2010.

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(Ajay Kumar Tripathi, J)

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R.K.Pathak/-

Kapildeo Prasad Sinha v. the Bihar State Housing BOARDand

Case brief

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Kapildeo Prasad Sinha v. the Bihar State Housing BOARDand

Case brief

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