BIHAR STATE HOUSING BOARD Vs. SHAMBHU NATH SINGH

JUDGEMENT

(1.) TODAY seems to be a day that all shades of cases are coming to the manner in functioning of the State public sector undertakings. This is yet another shade.

(2.) A sum of Rs. 55,774/ - was due as a refund to one Shambhu Nath Singh, the petitioner. He filed a writ petition C.W.J.C. No. 8848 of 2000: Shambhu Nath Singh vs. Bihar State Housing Board & Ors. The Order directed that a sum of Rs. 55,774/ - with interest at the rate of 10 per cent per annum be refunded. A sum of Rs. 50,360/ - was refunded, thus, left a balance of Rs. 5,414/ -. Two years after the order had been passed on the writ petition, the Bihar State Housing Board filed an application seeking a review of the order (M.J.C.No. 2199 of 2003).

(3.) NOW a Letters Patent Appeal has been filed to submit before this Court that the learned Judge had erred in not modifying or reviewing his order. The plain message which this Court gets is that this way or that way by hook or by crook the Bihar State Housing Board will not honour the Judgment of the High Court. Every conceivable dirt left by legal engineering is being adopted to evade the order on the writ petition. The respondent Board could have filed a Letters Patent Appeal earlier but did not file it. It was calculated that for two years nothing will be done and thereafter a review application will be filed. Now a Letters Patent Appeal has been filed on the ground that the Judge was wrong because he did not review the order.