KAMESHWAR PRASAD OJHA, S/O LATE SOMESHWAR NATH OJHA Vs. BIHAR STATE HOUSING BOARD; CHAIRMAN, BIHAR STATE HOUSING BOARD, MANGLES ROAD, PATNA; MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, MANGLES ROAD, PATNA; ESTATE OFFICER, BIHAR STATE HOUSING BOARD, MANGLES ROAD, PATNA; SECRETARY, BIHAR STATE HOUSING BOARD, M

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 26th June, 2012 whereby, the claim of the appellant for allotment of a commercial plot remained unsuccessful.

(2.) A perusal of the record shows that in the year 1972, the respondent- Bihar State Housing Board floated a Scheme for allotment of Middle Income Group residential Plots. The appellant was one of the applicants and was allotted a plot on 25th February, 1982. The appellant, in the meantime, started asserting his claim for allotment of a commercial plot as Chairman of Board on 30th of January, 1981 decided to allot plot No. NC-10/A at Lohianagar, Patna to the appellant. The said plot was not allotted to the appellant but it was allotted to one Smt. Meena Sahay. The petitioner filed a writ application bearing C.W.J.C. No.512 of 1981 claiming allotment of the said commercial plot which was dismissed on 23rd of April, 1981. It is thereafter, the petitioner filed a Special Leave Petition before the Supreme Court in which the following order was passed on 9th of August, 1982.

(3.) The residential plot as per his application was allotted to the appellant on 25th of February, 1982. The tentative price of the plot was assessed at Rs.24,180/-. The appellant had deposited Rs.2000/- as earnest money and was required to deposit a sum of Rs.5,150/- within thirty days of the issuance of the letter of allotment and the balance Rs.17,180/- was payable in 60 monthly installments along with interest.