LAWS(PAT)-2014-7-61

PRADEEP KUMAR Vs. STATE OF BIHAR

Decided On July 04, 2014
PRADEEP KUMAR Appellant
V/S
State of Bihar through the Principal Secretary Housing And Urban Development Department, Govt. of Bihar, Patna and Ors. Respondents

JUDGEMENT

(1.) Heard Mr. Swaraj Kumar Ghosh, learned Senior counsel for the petitioner, Mr. Anshuman Singh, learned counsel for the Bihar State Housing Board(hereinafter referred to as 'the Board') and its functionaries while the State is represented by Mr. Santosh Kumar Mishra, A.C. to G.P.30.

(2.) The petitioner is aggrieved by the order dated 26.10.2012 as contained in Annexure-13 whereby the Revenue Officer, Bihar State Housing Board, Patna has directed the petitioner and his brother to deposit a sum of INR 41,41,235.00 by way of 'Labhash' in lieu of the permission sought by them for transfer of the allotted land in favour of the third party.

(3.) Facts of the case briefly stated is that a plot of land bearing Plot No. L-33 situated in Krishna Nagar in the town and district Patna was allotted to the father of the petitioner late Paras Nath Sinha by the Bihar State Housing Board on 23.9.1969 and an agreement was entered into between the parties which was duly registered on 29.10.1969. The father of the petitioner intended to transfer the said plot in favour of one Prem Kali Devi and he requested the respondent Board to grant him permission for such transfer vide letter dated 16.3.2009 which was accompanied with an affidavit in terms of the agreement containing an undertaking to pay the 'Labhansh' (unearned income) as would be calculated by the Housing Board. Since no response was received by the father of the petitioner, a reminder was issued on 24.3.2009 placed at Annexure-2 and this time the respondent Board responded to the request when a letter dated 26.5.2009 was issued by the Revenue Officer requiring the father of the petitioner to deposit 'Labhansh' of INR 5,17,545.00 so that necessary permission could be granted by them for transfer of the land in favour of the said Prem Kali Devi. Within two days of the issuance of the letter by the Revenue Officer, the father of the petitioner deceased on 28.5.2009. The petitioner made the deposit of INR 5,17,545.00 on 10.6.2009 in terms of the demand raised by the Board as contained in Annexure-3 and the receipt whereof is placed at Annexure-5. Since the original allottee had deceased in the meantime the petitioner applied for transfer of the allotment in his name on 12.6.2009 and which application is placed at Annexure-6. While applying to the respondent Board for transfer of the allotment in the name of the petitioner and his brother, a permission was also sought for effecting the transfer. The respondent Board having received the application filed on behalf of the petitioner for transfer of the settlement, found the application lacking in some respects and after series of correspondences in between the Board and the petitioner, it finally culminated in an order dated 26.7.2011 placed at Annexure 11 whereunder the settlement of the plot in question was transferred in the name of the petitioner and his brother Sanjay Kumar who has since deceased. It is thereafter that the demand in question was raised by the Board assessing the 'Labhansh' at INR 41,41,1235.00 vide letter bearing memo No. 9480 dated 26.10.2012 and which has been impugned in the present writ application.