BASANTI MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant has filed this appeal under Clause 10 of the Letters Patent seeking exception to an order dated 2.8.2012 passed by the learned Writ Court in C.W.J.C. No. 2288 of 2012. Appellant had filed the writ petition challenging the memo bearing No. 9754 dated 11.11.2011 issued by the Bihar State Housing Board whereby allotment of a plot bearing No. 6H/35 initially granted in favour of the appellant's husband was cancelled on the ground that construction has not been raised in the plot within two years from the date of grant of possession in the year 1982. However, the appellant came out in the writ petition with a ground that the lease was executed in her favour on 30th of August, 2007 but due to death of her husband she could not raise the funds and, therefore, some more time should be granted.

(2.) The claim of the appellant was neither considered on its own merit either by the Board or by the Writ Court. The Writ Court simply in view of a general order passed by a Division Bench of this Court in C.W.J.C. No. 12376 of 2007 on 9.2008 to the effect that in case construction has not commenced in terms of Clauses 13 and 19(A) of the agreement for sale the Board should cancel all such allotments. The Board came out with a case that in the case of the appellant they took action in view of the order passed by the Division Bench in C.W.J.C. No. 12376 of 2007 and finding that the appellant had not initiated construction within two years, the action was taken.

(3.) However, while doing so, the hardship expressed by the appellant was neither considered by the learned Writ Court or by the authorities of the Board. On the contrary, when the matter was listed before us, we thought it appropriate for hearing. We noticed that on 14.7.2015 while admitting this appeal the following orders were passed:-