demonstrates that either any amount was due and payable by the petitioner or his father qua the price of the Plot in question or any such amount had even been quantified/ demanded and moreover, the counter affidavit filed in the present case also fails to enumerate the deficiencies or the specific conditions of the allotment letter and the agreement in question, which have not stood complied with by the petitioner, in order to show that the impugned order dated 05.04.2010 is sustainable in the eyes of law, hence, the order dated 05.04.2010, issued by the Executive Engineer, Bihar State Housing Board, Patna is patently illegal and fit to be set aside. As far as the letter dated 18.04.2013, issued by the Estate Officer, Bihar State Housing Board, Patna is concerned, by which the agreement has been cancelled on account of the default of the Board itself, inasmuch as it is averred therein that the person who had executed the agreement in question on behalf of the respondent- Board was not competent to do so, this Court finds that the petitioner cannot be penalized for the mistake of the respondent- Board, hence it was incumbent upon the respondent-Board to have rectified the mistake by getting a fresh agreement executed vis-avis the petitioner but the respondent- Bihar State Housing Board kept silent and failed to discharge its duties, resulting in harassment
