PANDEY DINESH PRASAD Vs. THE STATE OF BIHAR THROUGH THE SECRETARY AND COMMISSIONER, BUILDING CONSTRUCTION AND HOUSING DEPARTMENT & ORS.

JUDGEMENT

(1.) There is ample material now to consider the submission of the learned counsel for the petitioner that Annexures-1 and 2 both are vulnerable because it is not a decision of the "Board". The "Board" here means the Bihar State Housing Board as defined under Section 2(3) read with Section 4 of the Bihar State Housing Board Act, 1982. It is evident from the two annexures contained in Annexures-1 and 2 that the Managing Director decided to depart from the earlier decision of the Board as contained in Annexure-3 dated 21.2.1994 in anticipation of ratification or approval by the Board but there is nothing on record to show from the counter affidavit filed on behalf of the Housing Board that the decision contained in Annexure-1 or 2 which was taken in anticipation of approval was ever ratified.

(2.) To make things worse, if not more embarrassing for the Housing Board, learned counsel for the petitioner has produced an order dated 10.1.2011 passed in C.W.J.C. No. 747 of 2008. It is evident from a reading of the said order that the Board in terms of Section 4 of the Act has not been constituted and it has not been done even till now despite a clear mandate or direction of the learned Single Judge to do so within three months. If that is the position, the decision contained in Annexures-1 and 2 will be required to be quashed or at least in relation to the decision taken against the interest of the petitioner in the sense that the demand made by the Housing Board and tendered by the petitioner with protest of paying a sum of Rs. 1,75,998/- which has been taken by the Housing Board contrary to Annexure-3 and on the basis of Annexures 1 and 2 is an illegal demand and the same is required to be refunded to the petitioner forthwith. The respondents Housing Board are directed to refund this amount to the petitioner within a period of six weeks failing which the petitioner would be entitled to payment of interest at the rate of 12 percent per annum duly compounded after expiry of six weeks from today.