Allowed the petitioner's claims for refund and interest. Ordered the Housing Board to refund deposited funds within eight weeks upon filing proof and affidavit, with doubled interest accrual if delayed.
Mandated refund within eight weeks upon proof submission and doubled interest if payment is delayed beyond the timeframe.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8584 of 2003 ====================================================== |
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Mahendra Narayan Singh, son of late Deo Chandra Prasad Singh, resident of village–Barail, P S–Supaul, District -Supaul .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Managing Director, Bihar State Housing Board, Patna. 3. Executive Engineer, Bihar State Housing Board, Laheriasarai, Darbhanga. .... .... Respondent/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Ajay K.Singh Mr. Neeraj Singh |
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| For the Respondent/s : Mr. (GP9) Mrs. Nilu Agrawal Mr. Anil Kumar Sinha Mr. Amarendra Kr. Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER |
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| 7 | 25-07-2013 Counsel for the Housing Board has taken stand that they have no objection in making refund of the money deposited by the petitioner due to non-allotment of land or house by the Housing Board provided the petitioner meets the requirements as indicated in Annexure-R/1. |
| The stand of the petitioner is that evidence of deposit is already available in the writ application. If it is so, then I do not feel difficulty as to why petitioner cannot tender this evidence with the requisite affidavit and indemnity bond as demanded by |
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| the Housing Board for such refund. |
Patna High Court CWJC No.8584 of 2003 (7) dt.25-07-2013
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If the petitioner files an application with proof as well as the affidavit in question, the Housing Board must take steps for refund of money so deposited within a period of eight weeks thereafter.
Petitioner would be entitled to payment of interest in terms of the regulation of the Housing Board. If the payment is not made within the time-frame indicated in the earlier part of the order then the rate of interest payable to the petitioner would be doubled.
Writ application is disposed of with observation as above.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
3 issues framed by the court
Whether the petitioner is entitled to a refund of deposited money upon non-allotment of land or house provided conditions are met.
Whether the petitioner is entitled to payment of interest under the Housing Board regulation if refund is not made within the stipulated time-frame
Whether the double rate of interest applies to delayed refunds as per the order directives.
1 provisions across 1 enactments
Mahendra Narayan Singh
The State of Bihar
The Managing Director, Bihar State Housing Board, Patna
Executive Engineer, Bihar State Housing Board, Laheriasarai, Darbhanga
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
