Disposed¶18

Rameshwar Singh v. The State Of Bihar and Ors.

Patna HC12 Dec 2024CWJC/1304/2017

Case brief

AI extract

What is this about?

Rameshwar Singh v. State of Bihar and others (Bihar State Housing Board); CWJC No.1304 of 2017; Patna High Court; Justice Mohit Kumar Shah; decided 12-12-2024; refund of deposit with statutory interest; plot allotted but vacant possession not handed over; Managing Director, Bihar State Housing Board added as respondent no.4; liberty to apply with proof of deposit within four weeks; disposal within four weeks; refund if found payable; writ petition disposed off.

What did the court decide?

Petitioner/legal heirs granted liberty to file an application annexing documents proving the deposit before respondent no.4 (Managing Director, Bihar State Housing Board) within four weeks; respondent no.4 to dispose of it within a further four weeks and, if the amount is found refundable along with interest, pay it within the same time frame. ¶18

Rameshwar Singh Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to refund of the entire money deposited by him along with statutory interest, from the date of deposit till date, as the respondents failed to hand over vacant possession of the plot allotted to him.

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Court's answer

Liberty granted to the petitioner/legal heirs to file an appropriate application annexing all documents in proof of the deposit before respondent no.4 within four weeks; the respondent no.4 shall dispose of the application within four weeks thereafter, and if the deposited amount is found refundable along with interest, it shall be paid within the same time frame.

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Ratio / Principle

Permission granted to the learned counsel for the petitioner to add the Managing Director, Bihar State Housing Board, Patna as respondent no.4, needful to be done during the course of the day.

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Key takeaways

The writ petition stands disposed off on the aforesaid terms.ratio¶18

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.1304 of 2017 (oral order of 12-12-2024, Mohit Kumar Shah, J.). Rameshwar Singh had petitioned for refund of the entire money deposited by him along with statutory interest, from the date of deposit till date, as the respondents failed to hand over vacant possession of the plot allotted to him. Counsel for the respondents pointed out that the petitioner may approach the newly added respondent no.4 (Managing Director, Bihar State Housing Board, Patna), whose addition was permitted during the day. The Court granted liberty to the petitioner/legal heirs to file an application annexing documents proving the deposit before respondent no.4 within four weeks, to be disposed of by respondent no.4 within a further four weeks; if the amount is found refundable along with interest, it shall be paid within the same time frame. The writ petition stands disposed off on these terms. No statute or precedent is cited; no monetary figure is stated.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1304 of 2017

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

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Rameshwar Singh son of Late Shiv Mangala Singh resident of Buddha Colony, P.S. - Buddha Colony, District - Patna.

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... ... Petitioner/s

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Versus

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The State Of Bihar through its Secretary, Urban Housing and Development Department, Govt. of Bihar, Patna.

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The Chairman, Bihar State Housing Board, Patna.

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The Chief Executive Officer Bihar State Housing Board, Bahadurpur, Patna.

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The Managing Director, Bihar State Housing Board, Patna

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Vikram, Advocate For the Respondent/s : Mr.Abbas Haidar-Sc6 Mr.Ravish Chandra, AC to SC-6 For Housing Board : Dr.Anand Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 12-12-2024

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At the outset, the learned counsel for the petitioner seeks permission to add the Managing Director, Bihar State Housing Board, Patna as party respondent no.4 to the present petition. Permission so sought is granted. Needful be done during the course of the day.

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Though the present petition has been filed for refund of the entire money deposited by the petitioner alongwith the statutory interest, from the date of deposit till date, since the respondents have failed to hand over vacant possession of the plot allotted to the petitioner, nonetheless, it is pointed by the learned counsel appearing for the respondents that the petitioner

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Patna High Court CWJC No.1304 of 2017(3) dt.12-12-2024 2/2

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may approach the newly added respondent no.4, who shall take appropriate steps, in accordance with law to ensure that the amount deposited by the petitioner is refunded alongwith statutory interest.

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Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner/legal heirs to file appropriate application annexing all the documents in proof of deposit of the amount in question, before the respondent no.4 within a period of four weeks from today, which shall be disposed off by the respondent no.4, within a period of four weeks, thereafter and in case it is found that the amount in question, deposited by the petitioner is refundable alongwith the interest, the same shall be paid to the petitioner/legal heirs within the same time frame.

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The writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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Saurav/-

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Rameshwar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Rameshwar Singh v. The State Of Bihar and Ors.

Case brief

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