SACHINDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioner and the learned Counsel appearing on behalf of the Housing Board.

(2.) THE petitioner came to this Court with the grievance that he applied for allotment of lands in the LIG category before the Board on 5.12.1978 at Bahadurpur, in the area of Kankarbagh, Patna. It is his case that he deposited the entire amount with respect to the plot at Bahadurpur as demanded. After twelve years the respondent Board allotted him a LIG plot measuring 990 Sft. bearing plot no. 5L/66 at Digha by allotment letter no. 1014 dated 5.9.1991 and required the petitioner to pay the necessary amount. The contention on behalf of the petitioner is that he had already paid the requisite amount as demanded by the Board when an agreement was made between him and the Board despite which the physical possession of the plot has not been given to the petitioner by the authority. This submission has been made by the petitioner on oath in November 2001 when the present application was instituted. It is his further case in para 7 of the writ application that the area is still not developed, basic amenities like approach road, drains, severage, electrification etc. are still not available in the area where the plot had been allotted. The prayer in the writ application therefore was for a direction to the respondents to handover the physical possession of the plot. In the alternative, for inability to give physical possession, the money deposited by him be returned alongwith interest @ 18%.

(3.) A rejoinder has also been filed on behalf of the petitioner which emphasises that in terms of the original allotment the petitioner has deposited a total sum of Rs. 47,396/ - more than the price of the plot fixed by the Board as Rs. 35,491/ -. The petitioner thus disputes his liability to pay anything further.