RAJENDRA PD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS letters patent appeal is by the unsuccessful writ petitioners. They had filed the writ petition, C.W.J.C. No.333 of 1982, for setting aside the order of the Chairman, Bihar State Housing Board, ('the Board' in short), and the consequential settlement of a piece of land, numbered as plot no. 126A, extending over portion of public road in 'U' Sector of Kankarbagh Colony, one of the quarters of Patna Town, in favour of respondent no.6, Smt. Mahalakshmi Devi. The facts of the case, shortly stated, are as follows.

(2.) THE Housing Department of the Government of Bihar prepared a plan for development of a housing colony at Kankarbagh in the year 1966. -67. The area was divided into several sectors. In Sector 'U' provision was made for a park surrounded by roads on all sides. While the road running on the southern side of the park was to have width of 40ft., the roads on other sides including the northern side were to be 30ft. wide. The Housing Department constructed houses of different types meant for different categories of applicants, such as High Income Group (HIG) Category, Middle Income Group (MIG) Category and so on. MIGH Nos. 125 and 124. were initially settled with the two writ petitioners on rental basis. They came in possession of the respective houses in December, 1968 and January, 1969. In course of time, the Bihar State Housing Board was established under the Bihar State Housing Board Ordinance/Act in 1972. The two houses were settled in favour of the writ petitioners on hire -purchase basis on 1.7.1974. MIGH 126 which is situate south of MIGH Nos.124 and 125, across the road, intervened by a strip of land called residuary plot, was settled in favour of respondent no.6.

(3.) ACCORDING to the writ petitioners as the road in question running between MIGH Nos. 125 and 124 (Up to MIGH 119) on south and MIGH 126. and park on north was not being metalled by the Board, a joint petition was tiled by the owners of MIGH Nos. 119 to 125 to the Chief Engineer of the Board of 17.7.1979. They thereafter learnt on 27.12.1979 that attempt was being made to settle the aforesaid piece of residuary land situate adjacent north of MIGH 126 by encroaching upon portion of the public road on north of it -running east to west -in favour of respondent no.6. They made representation before the Chairman of the Board not to settle any portion of the road in favour of any individual. After a some -what long drawn process (details whereof are not necessary for the purpose of this appeal), when all attempts to stall the settlement of the said residuary land along with portion of road proved futile, the writ petitioners preferred a petition under Articles 226 and 227. of the Constitution, C.W.J.C. No. 1262 of 1981, in this Court on 17.4.81. In that writ petition the Board filed counter affidavit denying that there was any attempt to settle the land with any individual. In view of the stand of the Board, the writ petition was dismissed on 12.5.1981 with observation that the petitioners had no cause of action for the present and when such cause of action arises they may move the Court again. Notwithstanding the aforesaid stand, the officers of the Board proceeded with the process of settlement and ultimately the piece of land, numbered as MIGH 126A was settled with respondent no.6. Deed of settlement was executed on 21.10.81 and registered on 22.10.81.