ASHALATA VERMA Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) HEARD counsel for the petitioner and learned counsel for the Housing Board,

(2.) THIS is yet another litigation where a law abiding citizen is being harassed in the hands of an instrumentality of the State by totally illegal and illogical stand taken by them. The facts of this case speak for themselves and have certain relevance why it needs to be noticed in some detail. The immediate provocation for the petitioner to approach this Court is a notice dated 29.6.2006 contained in Annexure -6 to the writ application, by virtue of which a demand of Rs. 3,64,419.00 was made by respondents upon the petitioner for a HIG flat bought in the year 1981. She approached the Housing Board for seeking permission to transfer the flat in favour of her daughter -in -law due to her advancing age, when she was confronted with Annexure -6. Husband of the petitioner, Late Ram Chandra Prasad Verma, made an application to the Housing Board on an advertisement issued by them on 13.12.1972. He subsequently deposited a sum of Rs. 6500/ - on 28.9.1978 on a demand made by the Housing Board for allotment of a M.I.G. flat/house at Hanuman Nagar, Patna. The allotment fructified in favour of the late husband and M.I.G. Plot No. 171 Hanuman Nagar, Patna was allotted vide Board 'sorder No. 7273 dated 23.9.1981. On 28.11.1981 the possession was handed over after execution of hire -purchase agreement. At the time of the agreement the total cost determined by the Housing Board was Rs. 66,382.00. On the monthly instalments fixed by the Housing Board payments came to be made and the entire amount was paid to the Board prior to if not within the time frame fixed in this regard. In fact a sum of Rs. 88,155.00 was paid, evidence of which is contained in the reply of the petitioner to the couner affidavit filed on behalf of the Housing Board. It is supported by the money receipts of the payments/deposits alongwith a chart of details.

(3.) HUSBAND of the petitioner died on 25.3.1991 and she sought a transfer of the property in her name first in the year 1992 and vide many a letters upto the year 1996. After five years of correspondence and treating it as an opportunity the Housing Board immediately demanded details of payments from the present petitioner. Details of payments were furnished by the petitioner. On due verification of the same the Housing Board transferred the property in her name vide letter No. 1459 dated 5.5.1998. All issues, therefore, came to be settled in the year 1998 by the said transfer.