Writ application dismissed with liberty to approach the Pricing Committee constituted by the Bihar State Housing Board to consider the claim regarding the enhanced rent demand on a leased Janta Flat within four months.
The writ application is disposed of with a liberty to approach the Pricing Committee within four months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12988 of 2012
====================================================== Baidyanath Singh Son of Late Shankar Singh R/o Janta Flat-J- 106, A.P. Colony, P.S.- Rampur, District- Gaya, Bihar
.... .... Petitioner
Versus 1. The Bihar State Housing Board through its Secretary, Patna 2. The Chairman, Bihar State Housing Board, Patna 3. The Revenue Officer, Bihar State Housing Board, Patna 4. The Superintending Engineer, Bihar State Housing Board, Patna 5. The Executive Engineer, Bihar State Housing Board, Division Office, Gaya 6. The Accountant, Bihar State Housing Board, Divisional Office, Gaya .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Brijeshwar Narayan Singh, Advocate For the Respondent/s : Mr. Anshuman Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER
The petitioner has come to this Court being aggrieved by the enhanced demand of Rs.1,49,597.61 made by the Housing Board with respect to the Janta Flat 3-106 situated in A.P.Colony, Gaya which was allotted to the late wife of the petitioner in 1981 on a 90 year leasehold basis under a hire purchase agreement.
Learned counsel for the respondent Housing Board states that the justification for the said demand has been clearly given in paragraph-7 of the counter affidavit filed on behalf of the Housing Board and the same cannot be considered as extortionate
Patna High Court CWJC No.12988 of 2012 (2) dt.21-06-2013
2
as alleged by the petitioner. Learned counsel for the Housing Board also submits that pursuant to the direction of a Division Bench of this Court by order dated 20.10.1995 in CWJC No.47 of 1994 with CWJC No.2724 of 1994 (Smt.Suniti Sahay vs. The State of Bihar & Ors.), which judgment was not interfered with by the Supreme Court in SLP filed by the petitioner, dismissing the same by order dated 11.4.1997, the Housing Board has constituted a Pricing Committee relating to disputes regarding valuation by the Housing Board and the petitioner may be relegated to his remedies before the Pricing Committee.
On a consideration of the aforesaid facts and circumstances, the writ application is disposed of with a liberty to the petitioner to approach the Pricing Committee set up by the Bihar State Housing Board which shall consider and dispose of the claim of the petitioner within a period of four months from the date of filing of the application along with a copy of this order.
(Ramesh Kumar Datta, J)
spal/-
1 issue framed by the court
Whether the enhanced demand for rent regarding the allotted Janta Flat is extorting and whether the pricing committee can address the petitioner's claim.
Colour shows how this judgement treated each authority
Smt. Suniti Sahay vs. The State of Bihar & Ors.Referred¶11
CWJC No.47 of 1994 with CWJC No.2724 of 1994 (Smt.Suniti Sahay vs. The State of Bihar & Ors.)
1 provisions across 1 enactments
Baidyanath Singh
Bihar State Housing Board
Ramesh Kumar Datta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
