NEENA GIRISH Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) THE petitioner challenges the demand made by the Bihar State Hosing Board ('the Board' hereinafter) for payment of a sum of Rs. 3,19,244.00 as outstanding dues as on 28 -2 -1999 before it would hand over to her the possession of Middle Income Group (M.I.G.) House No. 237, situate at Lohia Nagar, Kankarbagh Colony, Patna. The Board's demands are contained in the letters, copies of which are at Annexures -6, 7 and 9.

(2.) ON should have thought that after the bench decision of this Court in Anil Kumar Sinha v. Bihar State Housing Board and Ors. 1998 (3) PLJR 437, the long ordeal of the petitioner would be over but the Board seems to persist in its unreasonable stand and the matter is, therefore, once again before this Court. In Anil Kumar Sinha (supra), the heirs and legal representatives (the present petitioner being one of them) of the original allottee (Anil Kumar Sinha) were able to secure the eviction of a person whose occupation of the house was held to be unauthorised and illegal by this Court. They also obtained a direction to the Board to make over the house to them. Pursuant to the direction, the person found to be in the unauthorised occupation of the house was duly evicted but the heirs and legal representatives of the original allottee instead of being given the possession of the house got the impugned demand from the Board and the payment of the sum specified in the demand letters as outstanding dues was made a pre -condition for handing over the possession of the house and its final transfer in their favour.

(3.) THE earlier decision in Anil Kumar Sinha (supra), was given by a Division Bench, of which I happened to be a member. The detailed facts and circumstances of the case were fully discussed in that judgment which was also affirmed by the Supreme Court. I, therefore, refrain here from narrating those facts and circumstances all over again. All the relevant facts and circumstances of the case can be found in the earlier decision in Anil Kumar Sinha (supra).