BINA SINGH Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the respondents -Bihar State Housing Board (hereinafter referred to as the Board for the sake of brevity).

(2.) PETITIONERS seek the relief of a writ a mandamus commanding the respondents to give possession of HIG Plot No. 5H/175 measuring 1875 Sq. ft. as per allotment letter no. 2575 dated 26.9.1991 (Annexure -1) or an equivalent HIG Plot in any suitable area in Patna town. Alternatively, it has been prayed that the respondents be directed to refund the amount of Rs. 1,34,435.00 plus the cost of registration amounting to Rs. 5,000.00 totalling Rs.1,39,435.00, which has already been paid to the respondents by Late Colonel Kunwar Singh, husband of petitioner no. 1 and father of remaining petitioners no. 2 and 3, to the petitioners with interest at commercial rate along with an appropriate amount of compensation due to physical harassment and mental agony caused to the petitioners due to the acts and attitude of the respondents. Subsequently, another relief was sought by the petitioners which was allowed to be added by this court on 24.8.2006 challenging a subsequent development, namely order dated 14.8.2001 (annexure -10), passed by the Managing Director of the Board (respondent no. 3) by which he cancelled of the said predecessor of the petitioners.

(3.) LEARNED counsel for the petitioners has submitted that it is not in dispute that the entire amount has been paid as per the Hire Purchase Agreement and nothing left has to be done by the petitioners and hence it was the duty of the respondent - Board and its authorities to deliver possession of the plot in question to the petitioners and execute a deed of transfer in their favour, but instead of that the respondents are evading putting the petitioners to undue harassment and agony for several years.