IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15550 of 2004 SUSHILA SHARMA WIFE OF DR. S.K.SHARMA, RESIDENT OF MOHALLA-B.H.COLONY, P.O.- AGAM KUAN, P.S.- AGAM KUAN, DISTRICT- PATNA ------------------------- PETITIONER. Versus 1. THE BIHAR STATE HOUSING BOARD, PATNA THROUGH ITS M.D. 2. MANAGING DIRECTOR, HOUSING BOARD, PATNA. 3. REVENUE OFFICER, HOUSING BOARD, PATNA. 4. EXECUTIVE ENGINEER, HOUSING BOARD, PATNA. ------------ RESPONDENTS. ----------- For the petitioner : Mr. T.N. Maitin, Sr. Advocate. For the Bihar State Housing Board : Mr. Lalit Kishore, Sr. Advocate with Mrs. Binita Singh, Adv. ---- 6/ 04-05-2011 Heard the parties. 2. In compliance of order dated 28.04.2011, passed by this Court, a second supplementary counter- affidavit has been filed on behalf of respondent nos. 1 to 4 annexing calculation chart, as Annexure-C, whereby the petitioner was asked to deposit Rs. 69,552.04. Admittedly the petitioner has deposited the aforesaid amount and a deed of lease in perpetuity (Annexure-15) has been executed by the Bihar State Housing Board in favour of the writ petitioner. 3. According to the learned counsel, appearing on behalf of the respondents, the entire dispute has come to an end with the execution of the aforesaid deed of lease. However, according to the learned counsel appearing on behalf of the petitioner, there seems to be apparent mistake in the calculation chart and if the arrear amount 2 is properly calculated, then the petitioner will be entitled for refund of certain amounts. 4. Be that as it may, without going into the claim and counter-claim of the parties, this Court gives a liberty to the petitioner to file a representation before respondent no.2, Managing Director, Bihar State Housing Board, raising a grievance about calculation of the arrears of amount. If such a representation is filed by the petitioner within a period of four weeks from today, with a certified copy of the present order, then the respondent- Managing Director would be obliged to look into the grievances raised on behalf of the petitioner. He shall further be obliged to give an opportunity of hearing to the petitioner and all other concerned persons, including the officials of the Bihar State Housing Board, who have calculated the arrears of amount against the petitioner and thereafter he shall dispose of the said representation by a speaking order within a period of three months from the date of filing of such representation. If after hearing the parties, respondent no.2 comes to a finding that the petitioner is entitled for refund of certain amounts, then appropriate direction must be issued for such refund within a specific period fixed by respondent no.2 himself. 5. It is made clear that this Court has not gone into merit of the claim and counter claim of the parties and 3 that issue is left to be decided exclusively by respondent no.2. 6. However, if the petitioner does not appear and files a representation before respondent no.2 along with a certified copy of the present order within the time prescribed by this Court, then it shall be construed that the petitioner has no claim regarding refund of money, which she has paid to the respondent Bihar State Housing Board and whereafter deed of lease has been executed in her favour with respect to plot in question. 7. With the aforesaid observations/directions, the present writ petition stands finally disposed of. BTiwary/ ( Birendra Prasad Verma, J.)