KUMAR BRAJENDRA NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant assails the order dated 09.11.2016, passed by the learned Single Judge, by which his claim for allotment of a piece of land by the respondent Bihar State Housing Board has been rejected along with another analogous matter.

(2.) The appellant in pursuance to an advertisement made an application for allotment after depositing registration fee in the year 1978, preference being given of Bahadurpur area. The respondent Housing Board herein intimated a decision to allot plot No. 5M/ 388 measuring an area of 1430 sq. ft. of MIG plot at Digha. A Hire Purchase Agreement was executed between them on 13.01.1996 wherein the tentative price was fixed at Rs. 76, 897/-, 30% of which was to be deposited immediately and rest of which had to be deposited in equal monthly installments beginning from 1996 to 2005.

(3.) Mr. Rajendra Narayan, learned Senior Counsel appearing for the appellant submits that he is ready to take an alternative plot and even the Hon'ble Supreme Court in Civil Appeal No. 7386 of 2010 in the case of Kumudini Sinha Vs. Bihar State Housing Board by its order dated 06.09.2010 had directed the Housing Board to deliver possession of the plot allotted or an alternative plot of similar measurement in the same area be made available to him. His contention is that since the respondent Housing Board is not in a position to deliver possession of his allotted plot at Digha, an alternative plot be made available to him in any other residential locality.