SHEO KUMAR LALL Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) 1. The petitioner preferred the writ petition for direction on the respondents not to demolish the residential building of the petitioner standing over plot No. 359 in village -Dalpatpur (Arrah) by issuing a writ in the nature of mandamus or to issue any other writ or writs.

(2.) According to petitioner, he purchased the land in question, measuring 11 decimals of plot No. 359 through a registered sale -deed dated 22nd March, 1976 after obtaining permission from his office on 22nd January, 1976. Subsequently he took physical possession of the land, got his name mutated with the State of Bihar and Arrah Municipality. Subsequently, after taking building construction loan from the department ; approval of map by the Executive Officer, Arrah Municipality made on 23rd December, 1976, he constructed a house up to roof level by 10th August, 1977 and further request was made to release rest of the fund for completion of the building.

(3.) Subsequently, the petitioner came to know about the Gazette notification published on 1st November, 1977 relating to acquisition of land and having come to know of the same filed application before the 6th respondent for exclusion of his plot from the scheme of acquisition on the ground that he had already constructed a dwelling unit for his personal use. It is stated that the respondent No. 6 had so exempted land of similarly situated persons, but he did not choose to pass any specific order in respect of petitioner's land being plot No. 359. The residential unit was completed on obtaining loan from the parent department of the petitioner (Post & Telegraph Dept.), and the petitioner is residing over the same.