Dismissed
Shailesh Kumar v. The Bihar State Housing Board and Ors.
Patna HCCWJC/13036/2012
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COURT OF JUDICATURE AT PATNA Civil Writ…
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13036 of 2012
====================================================== Shailesh Kumar S/O Sri Virendra Singh Resident Of Janta Flat J-92, P.SRampur,District- Gaya, Bihar.
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Brijeshwar Narayan Singh For the Housing Board : Mr. Anshuman Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER
Patna High Court CWJC No.13036 of 2012 (2) dt.24-06-2013
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dated 19.6.1985 (Annexure-1 series) was entered into by the Board with one Ashok Kumar and not with this petitioner Shailesh Kumar. There is clear stipulation in Clause 16 thereof that the settlee shall not transfer, assign or sublet or otherwise part with the possession of the whole or any part of the premises without the previous consent of the Board in writing which the Board shall be entitled to refuse in its sole discretion or in the event of consent being given may impose such terms and conditions as it thinks fit and the Board shall be entitled to claim and recover a portion of unearned increase in the value at the time of sale, etc.
It is thus submitted that the petitioner has no locus standi to maintain the present writ application.
Learned counsel for the petitioner submits that the petitioner should be treated as the representative of the original allottee. The same is not permissible unless the transfer has been approved by the Board in writing which is not the case in the present matter.
The writ application is, accordingly, dismissed on the ground that the petitioner has no locus standi.
(Ramesh Kumar Datta, J)
S.Pandey/-
Shailesh Kumar
Bihar State Housing Board
Ramesh Kumar Datta
As recorded by the court registry
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