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Jitendra Prasad Singh v. The State of Bihar

Patna HC24 Aug 2023CWJC/3693/2020

Case brief

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What is this about?

Petitioner challenged the Bihar State Housing Board's decision to deduct 20% from his earned amount deposit. Court directed the Board to refund the balance Rs. 1300 by linking the action to the Managing Director's salary.

What did the court decide?

Direction to the Bihar State Housing Board to credit Rs. 1300 to the petitioner's account by tomorrow; failing which, the Managing Director shall not draw his salary.

Jitendra Prasad Singh Vs The State of Bihar — Contract and Commercial Disputes | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3693 of 2020

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Jitendra Prasad Singh Son of Narendra Prasad Singh, Resident of MohallaNala Road,P.S. Kadamkuan, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Urban Development and Housing Department, Government of Bihar, Old Secretariat, Building Patna.

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The Bihar State Housing Board through its Chairman, 16, Mangles Road, Patna.

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The Managing Director, Bihar State Housing Board, 16, Mangles Road, Patna.

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The Estate Manager-cum-Joint Secretary, Bihar State Housing Board, 16, Mangles Road, Patna.

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The Revenue Officer, Bihar State Housing Board, 16, Mangles Road, Patna.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Krishna Chandra, Advocate For the Respondent/s : Mr. Suresh Kumar, AC to GP-1 For the Housing Board : Mr. Pawan Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 24-08-2023

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The present writ petition has been filed

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seeking the following relief:-

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“1 a. For issuance of an appropriate Writ/Writs, direction / directions in the nature of Certiorari for quashing the decision of Bihar State Housing Board as contained in Memo No.3278 dated 19.08.2019 by which the decision has been taken simplicitor to refund the earnest amount deposited to the tune of Rs. 6,500/as against the allotment of House

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Patna High Court CWJC No.3693 of 2020(3) dt.24-08-2023 2/3

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under Middle Income Group by deducting 20% of the initial amount and in consequence thereof, be pleased to direct the authorities of the Board to recalculate the amount so deposited by the petitioner being proportionally equal to an amount through which a plot/flat/house can be purchased in the present prevailing market rate to meet the object as mentioned in the application wherein the applicant had shown his purpose for obtaining such accommodation to have better education for his family and to settle down in Patna in the year 1981 by submitting an application for the said purpose or to direct allotment of the accommodation as mentioned in the Application Form No.-145240 dated 30.05.1981.

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b. For further kind indulgence of this Hon'ble Court to look into the matter and the concerned respondents may be directed to produce all connected records for perusal for passing an appropriate order.”

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At the outset, the learned counsel appearing for the respondent-Bihar State Housing

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Patna High Court CWJC No.3693 of 2020(3) dt.24-08-2023 3/3

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Board, Patna submits that the 20% amount deducted from the initial deposit made by the petitioner for allotment of the plot in question will be refunded to the petitioner, latest by tomorrow, by depositing the same in the account of the petitioner. The Ld. Counsel for the petitioner submits that if it be so, the petitioner is not having any subsisting grievance.

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Having regard to the aforesaid submissions made by the learned counsel appearing for the respondent-Bihar State Housing Board, Patna, I deem it fit and proper to dispose of the present writ petition with a direction to the respondent-Board to ensure credit of the balance 20% amount i.e. a sum of Rs. 1300/- an odd in the account of the petitioner by tomorrow, failing which the Managing Director, Bihar State Housing Board, Patna shall not draw his salary.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Jitendra Prasad Singh v. The State of Bihar

Case brief

What is this about?

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Jitendra Prasad Singh v. The State of Bihar

Case brief

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