KAMAL NAYAN CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior Counsel for the Petitioner, Mr. Lalit Kishore for the Housing Board and learned Counsel for the State.

(2.) In this writ application Petitioner has prayed for quashing of a demand contained in letter No. 1022 dated 29.11.2002, Annexure-16 to the writ application, issued by the Executive Engineer of the Board, Patna Division asking the Petitioner to deposit an amount of Rs. 1,05,233/-towards final installment of the flat allotted to him. A further prayer has been made for direction to the Respondents to execute the transfer deed in his favour after payment of final installment of the earlier demand as deposited on 26.6.1996.

(3.) It appears that earlier also the Board had raised demand for payment of installments towards cost of price of the flat through notices dated 15.1.2001, 18.1.2001 and 26.5.2001. These notices were challenged by the Petitioner in CWJC No. 8297 of 2001. The said writ application was heard by a Division Bench and, by order contained in Annexure-12 with the writ application, the same was disposed of by order dated 31.7.2002 with certain findings and orders. Subsequent to this order a fresh demand has been raised by the Respondents by the impugned demand notice which is sought to be challenged in this case.