KRISHNA CHANDRA VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD (earned Counsel for the petitioners, earned Counsel for the Housing Board and earned Counsel for the State.

(2.) THE tragedy of the present petition is that the State Government created an organisation in the found hope with a laudable object that the citizens of the State would have some place to stay and would have a small house wherein they can reside treating it to be a castle, Unfortunately after delivering the baby the State Government sent it to an orphanage, the orphan in stead of proving to expectations of the State Government is behaving in a very nasty manner and is not proving responsible to its public duty and answerable to any cause for which it was created. THE Housing Board allured the people by saying that on payment of certain amount, a plot, a parcel of land or a flat or something of that sort would be given to them. THE public at large relied upon the assurances, after cutting their bread they saved money and paid it to the Housing Board under the found hope that after receiving the money the officers of the Housing Board shall prove honest to their words and assurances given to them. Unfortunately the Housing Board did not prove honest to its words and started raising one or the other defences saying that the land belonging to the Housing Board have been trespassed over by certain persons, the properties are not under the control of the Housing Board and as the State Government is neither helping nor assisting them, the Housing Board is not in a position to deliver the possession of the property as assured by them to the persons, who had deposited their money. THE tragedy does not end here. When certain persons made application for refund of their deposits in stead of refunding the money with interest at some rate, the Housing Board started deducting 20% from the said deposit inter alia observing that in a case where a person wants to withdraw from the commitment the Housing Board would be entitled to have a cut. In fact the Housing Board started behaving like Shylock, it wanted a pound of flesh so also a liter of blood.

(3.) IN another writ petition when the matter was brought to the notice of this Court, this Court required the Managing Director to appear in the Court and make his stand clear. IN stead of coming out of the vague stands rather dubious stand it was asserted on behalf of the Housing Board that as the Managing Director of the Housing Board is a simple INcharge of the office, he cannot spare much of the time. This all was going on in presence of the Counsel for the State. This Court required the Advocate General to appear and assist the Court and also required the Director General of Police to inform this Curt but the old saying goes right that nothing goes right in this State. It appears that there is absolute anarchism and lawlessness and no body is responsible to anybody. The officers of the State Government are not ready to take any steps in accordance with law. They want money from their own creation for providing armed forces. The State which is to maintain law and order keep alive the public confidence in the system and the authorities says that unless paid nothing can be done. The hooligans, Gundas and Rangdars are settled on the property belonging to the general public, though I do not wish to say beyond that but it appears that all such trespassers had some link at some place with some politicians, administrative officers or so. Despite deterrent directions of this Court the police officers, the State officers, the administrative officers and the Managing Director of the Housing Board are not taking any steps. What is further to be presumed is that the Government is not working property and is not ready to nurse its own baby. On one side the State Government demands money from the Housing Board to provide police assistance and on the other hand placing its reliance upon Section 88 of the Bihar State Housing Board Act, the Board says that it is the duty of the State Government and its police officials to provide absolute help and assistance to the Housing Board.