Disposed

Praveen Kumar v. The State Of Bihar and Ors.

Patna HC7 Dec 2022CWJC/8804/2017

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition seeking refund of earnest money and interest. The court granted liberty to the petitioner to submit original documents, directing the Housing Board to refund the amount plus interest within four weeks thereafter.

What did the court decide?

Liberty to petitioner to submit original documents; respondent to pay earnest money with interest within four weeks thereof.

Praveen Kumar Vs The State Of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8804 of 2017

¶2

======================================================

¶3

Praveen Kumar Son of Late Jaleshwar Prasad resident of Village - Atarbel, Post Office - Bihar Nursery, Police Station - Singhwara, District - Darbhanga Bihar.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State Of Bihar and Ors

¶7

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

¶8

The Managing Director, Bihar State Housing Board, Patna.

¶9

¶10

¶11

The Commissioner, Darbhanga Division, Darbhanga.

¶12

The Executive Engineer, Bihar State Housing Board, Patna.

¶13

The Executive Engineer, Bihar State Housing Board, Darbhanga Division, Darbhanga.

¶14

The Estates Officer, Bihar State Housing Board, Patna.

¶15

... ... Respondent/s

¶16

======================================================

¶17

Appearance : For the Petitioner/s : Mr.Ranvijay Narain Singh, Advocate For the Respondent/s : Mr.Rajiv Roy-GP1 For Housing Board : Dr. Anand Kumar, Advocate ======================================================

¶18

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

¶19

2 07-12-2022 The present writ petition has been filed for directing the respondents to refund the amount of earnest money, deposited by the petitioner on 13.09.1989, along with interest.

¶20

The learned counsel appearing for the respondent- Bihar State Housing Board has referred to the counter affidavit filed in the present case and has submitted that the respondent- Bihar State Housing Board is ready to refund the earnest money, provided the petitioner produces the original documents regarding deposit of the said amount. It is also

¶21

Patna High Court CWJC No.8804 of 2017(2) dt.07-12-2022 2/2

¶22

submitted that the statutory interest payable as per Section 45 of the Bihar State Housing Board Regulation, 1983 shall also be paid to the petitioner, forthwith.

¶23

Having regard to the aforesaid facts and circumstances of the case, I deem it fit and appropriate to dispose off the present writ petition with liberty to the petitioner to file appropriate application along with the original documents before the respondent authorities, within a period of two weeks from today, whereupon the concerned authority of the Bihar State Housing Board shall pay the total amount of earnest money along with interest, within a period of four weeks, thereafter.

¶24

The writ petition stands disposed off, however, with the aforesaid liberty.

¶25

(Mohit Kumar Shah, J)

¶26

rinkee/-

¶27

Praveen Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Praveen Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajesh Kumar Vs The State of Bihar

Shanti Jha Vs The State Of Bihar and Ors.

Md. Asfaque Alam Vs The State Of Bihar and Ors.

Indrajeet Kumar @ Indrajit Kumar Vs The State Of Bihar and Ors.

Triveni Pandit and Ors. Vs Basmati Devi and Ors.

Pankaj Pandit Vs The State of Bihar