DINESHWAR NATH SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is filed by one Dineshwar Nath Sahay, an allottee of a piece of land Plot No. 3H/31 admeasuring 1875 Sq. Ft. in Higher Income Group in Digha Housing Project of the Bihar State Housing Board (hereinafter referred to as 'the Board').

(2.) It is the grievance of the writ petitioner that he had applied for the allotment of a plot of land as far back as in the year 1972. The above referred plot of land was allotted to the petitioner on 25th September 1991, but till the date of the petition, possession of the said land was not handed over to the petitioner in accordance with the agreement. The petitioner has therefore, prayed that the respondents be Patna High Court CWJC No.10471 of 2001 dt.22-06-2011 directed to hand over the vacant plot of land to the petitioner as agreed or he may be refunded the money paid by him with interest at the rate of 18% per annum with compensation as suggested by the Hon'ble Supreme Court.

(3.) We do appreciate the plight of the writ petitioner. However on the facts of the present case, we are unable to grant any relief to the writ petitioner. In support of the pleadings the petitioner has not produced any material. Neither the letter of allotment of land nor the agreement he seeks to enforce; nor the evidence of transfer of money. In absence of any material before us, there being no response either from the State Government or the Board, the mandamus as prayed for cannot be issued.