PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner, a resident of Village Sikhanchak, District Patna has filed this writ petition under Article 226 of the Constitution to enforce the right of allotment of a plot of land in the housing project of the Bihar State Housing Board (hereinafter referred to as "the Board"). It is the claim of the petitioner that on 12th March 1981 the petitioner had applied for allotment of plot of land in the aforesaid housing project. The petitioner also paid the earnest money of Rs.2,000/- on 25th May 1991. In the present petition filed in the year 2004, it is the grievance of the petitioner that though he had made Patna High Court CWJC No.2511 of 2004 dt.24-06-2011 2 application as early as in the year 1981, his name was not included in the list of allottees published in a Newspaper pursuant to a direction issued by this Court in CWJC No. 3991 of 1987. The petitioner has, therefore, prayed that he be allotted a plot of land in the aforesaid housing project. We are afraid, the claim made by the petitioner is totally misconceived. Mere application for allotment of plot or payment of earnest money did not create an indefeasible right to allotment of land. It is evident that the Board is not capable of satisfying the need of entire populace. In limited land available to the Board, all applicants cannot be accommodated.

(2.) But it is the responsibility of the Board to inform the applicants accordingly, and to refund the Earnest Money deposited by such applicants. Evidently, in the present case, not only the petitioner has not been allotted the plot of land, the Earnest Money deposited by him also has not been refunded to the petitioner. If the Board has not allotted the land to the petitioner, the Board is under obligation to refund the amount of Earnest Money Deposit.

(3.) For the aforesaid reasons, we direct the respondent Bihar State Housing Board to refund the amount of Earnest Money Deposit made by the petitioner with statutory interest within eight weeks from today. Subject to the above direction, the writ petition is disposed of. The parties will bear their own cost.