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Brajendu Kumar Vs The Bihar State Housing Board — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Brajendu Kumar Vs The Bihar State Housing BoardBrajendu Kumar v. The Bihar State Housing Board

Disposed¶21

Brajendu Kumar v. The Bihar State Housing Board

Patna HC5 Jul 2024CWJC/7735/2023

Case brief

AI extract

What is this about?

Patna High Court CWJC No. 7735 of 2023, order dt. 05-07-2024, Mohit Kumar Shah, J.; Brajendu Kumar v. Bihar State Housing Board (Revenue Officer, Estate Officer, Executive Engineer Gaya Division); conveyance/sale deed and absolute ownership of plot at Gaya; completely destroyed/grounded flat; deposit of Rs. 1,06,500/- as sale proceeds; compliance with Order dated 29.01.2009 in C.W.J.C. No. 4489 of 2001; joint notice dated 15.04.1992 of District Magistrate, Gaya and Executive Engineer, BSHB; allotment letter; authorised occupancy; demand restricted to plot; writ petition not pressed at the outset; liberty granted to file representation before Managing Director, BSHB; writ petition disposed off.

What did the court decide?

Liberty to the petitioner to file an appropriate representation before the Managing Director, Bihar State Housing Board, Patna, for redressal of his grievances.

Why is it important?

The Court granted the liberty sought by learned counsel for the petitioner to file an appropriate representation before the Managing Director, Bihar State Housing Board, Patna, for redressal of his grievances. ¶20

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an appropriate representation before the Managing Director, Bihar State Housing Board, Patna, for redressal of his grievances.

Issue for consideration

Whether the Respondents should be commanded and directed to transfer absolute ownership to the Petitioner by effecting conveyance/sale deed, the Petitioner having till date deposited Rs. 1,06,500/- against the completely destroyed/grounded flat (prayer (i)). +2 more

Ratio / Principle

The Court granted the liberty sought by learned counsel for the petitioner to file an appropriate representation before the Managing Director, Bihar State Housing Board, Patna, for redressal of his grievances.

Key takeaways

The writ petition stands disposed off, it not being pressed by learned counsel at the very outset; no substantive prayer was adjudicated.ratio¶21

Detailed headnote1 paragraphs

Brajendu Kumar v. Bihar State Housing Board & others - High Court of Judicature at Patna (Mohit Kumar Shah, J.), Civil Writ Jurisdiction Case No. 7735 of 2023, order dated 05-07-2024. The petitioner, who stated that he was put in possession of a plot (completely destroyed/grounded flat) at Gaya pursuant to an allotment letter of the Bihar State Housing Board and a joint notice dated 15.04.1992 of the District Magistrate, Gaya and the Executive Engineer of the Board, and that he had deposited Rs. 1,06,500/- as sale proceeds in compliance of the Order dated 29.01.2009 passed in C.W.J.C. No. 4489 of 2001, prayed for (i) conveyance/sale deed transferring absolute ownership, (ii) a declaration of authorised occupancy, and (iii) restriction of the Board's demands to the plot alone. At the outset, learned counsel did not press the writ petition; liberty was granted to file an appropriate representation before the Managing Director, Bihar State Housing Board, Patna, and the writ petition stood disposed off. No substantive issue was adjudicated.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7735 of 2023

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

Brajendu Kumar Son of Mathura Prasad Sharma Resident of MIG-90, Shaheed Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya.

... ... Petitioner/s

Versus

The Bihar State Housing Board, through its Managing Director, 6- Sardar Patel Path, Patna.

The Revenue Officer, Bihar State Housing Board, 6-Sardar Patel Path, Patna.

The Estate Officer, Bihar State Housing Board,6-Sardar Patel Path, Patna.

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

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Singh, Advocate For the Housing Board : Mr. Pawan Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

2 05-07-2024 The present writ petition has been filed seeking the following relief:-

“1. (i) To command and direct the Respondents to transfer the absolute ownership by effecting conveyance/sale deed in favour of the Petitioner in as much as the Petitioner has till date deposited Rs. 1,06,500/-, against completely destroyed/grounded flat.

(ii) To hold and declare that the Petitioner having been put in possession of plot in light of joint notice dated 15.04.1992 of the District Magistrate, Gaya and the Executive Engineer of the Board after issuance of allotment letter in his favour by the Bihar State Housing Board and the Petitioner

Patna High Court CWJC No.7735 of 2023(2) dt.05-07-2024 2/2

having already deposited Rs. 1,06,500/- as sale proceeds of completed destroyed/grounded flat i.e. only plot in compliance of directions of this Hon'ble Court contained in Order dated 29.01.2009 passed in C.W.J.C. No. 4489 of 2001 is in authorized occupancy of his premise.

(iii) To hold and declare that the Housing Board in case of Petitioner is entitled to raise demand against allotment of Plot only inasmuch as the Petitioner was never handed totally developed flat rather he came in possession of totally destroyed/grounded flat.”

At the outset, the learned counsel for the petitioner

seeks not to press the writ petition, however, seeks liberty on behalf of the petitioner to file appropriate representation before the Managing Director, Bihar State Housing Board, Patna, for redressal of his aforesaid grievances.

Liberty, so sought, is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J)

kanchan/-

U

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the Respondents should be commanded and directed to transfer absolute ownership to the Petitioner by effecting conveyance/sale deed, the Petitioner having till date deposited Rs. 1,06,500/- against the completely destroyed/grounded flat (prayer (i)).¶13
2.
Whether the Petitioner, having been put in possession of the plot pursuant to the allotment letter and the joint notice dated 15.04.1992 of the District Magistrate, Gaya and the Executive Engineer of the Board, and having deposited Rs. 1,06,500/- in compliance of the Order dated 29.01.2009 in C.W.J.C. No. 4489 of 2001, is in authorised occupancy of his premises (prayer (ii)).¶14
3.
Whether the Housing Board, in the case of the Petitioner, is entitled to raise demand against allotment of the Plot only, the Petitioner never having been handed a totally developed flat but having come into possession of a totally destroyed/grounded flat (prayer (iii)).¶17

Cases cited

Colour shows how this judgement treated each authority

AI extract

C.W.J.C. No. 4489 of 2001Referred¶16

Procedural history

How this case reached the court

AI extract

Prior proceeding
As recited in the prayer, the petitioner was put in possession of the plot (completely destroyed/grounded flat) pursuant to an allotment letter issued in his favour by the Bihar State Housing Board and a joint notice dated 15.04.1992 of the District Magistrate, Gaya and the Executive Engineer of the Board.¶14
Prior proceeding
As recited in the prayer, the petitioner deposited Rs. 1,06,500/- as sale proceeds of the completed destroyed/grounded flat (i.e., the plot only) in compliance with the directions of this Court contained in the Order dated 29.01.2009 passed in C.W.J.C. No. 4489 of 2001, and claims to be in authorised occupancy of the premises.¶16

Parties & counsel

AI extract

petitioner
Brajendu Kumar¶3
Amit Kumar Singh
respondent
The Bihar State Housing Board, through its Managing Director¶6
Pawan Kumar
respondent
The Revenue Officer, Bihar State Housing Board¶7
Pawan Kumar
respondent
The Estate Officer, Bihar State Housing Board¶8
Pawan Kumar
respondent
The Executive Engineer, Gaya Division, Bihar State Housing Board¶9
Pawan Kumar

Coram

AI extract

Mohit Kumar Shahauthor¶11

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 5 Jul 2024 · July
Registered: 19 May 2023
Case no.: CWJC/7735/2023
CNR: BRHC010389872023
Bench: Mohit Kumar Shah
Disposal: DISPOSED
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Brajendu Kumar v. The Bihar State Housing Board, CWJC/7735/2023 (PAT), decided on 5 July 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

C.W.J.C. No. 4489 of 2001Referred¶16

Open Authorities

Procedural history2

As recited in the prayer, the petitioner was put in possession of the plot (completely destroyed/grounded flat) pursuant to an allotment letter issued in his favour by the Bihar State Housing Board and a joint notice dated 15.04.1992 of the District Magistrate, Gaya and the Executive Engineer of the Board.
As recited in the prayer, the petitioner deposited Rs. 1,06,500/- as sale proceeds of the completed destroyed/grounded flat (i.e., the plot only) in compliance with the directions of this Court contained in the Order dated 29.01.2009 passed in C.W.J.C. No. 4489 of 2001, and claims to be in authorised occupancy of the premises.

View full history

Bench / Coram

Mohit Kumar Shah

Parties & counsel