IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5188 of 2006 BRAJ KISHORE GIRI, S/O- LATE RAM LAKHAN GIRI, RESIDENT OF ‘SAKET’ ROAD NO. 1, PATEL NAGAR, P.O. & P.S. SHASTRI NAGAR, PATNA :-- PETITIONER. Versus 1. THE BIHAR STATE HOUSING BOARD THROUGH ITS MANAGING DIRECTOR, MANGLES ROAD, NEAR SHAHID SMARAK, PATNA. 2. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, PATNA. 3. THE REVENUE OFFICER, BIHAR STATE HOUSING BOARD, PATNA. 4. THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD, PATNA DIVISION-2, BAHADURPUR, PATNA :---RESPONDENTS. ----------- For the petitioner : Mr. Rajendra Kumar Giri, Advocate. For the Board : Mr. R.S. Pradhan, Senior Advocate Mr. Pankaj Majorwar, Advocate. ====== 2. 17.03.2011. Heard learned counsel for the petitioner and the counsel for the Bihar State Housing Board (hereinafter referred to as the “Board”). 2. Petitioner is aggrieved by the letter of the Estate Officer of the Board bearing number 1153 dated 18.8.2005, Annexure-10, whereunder he has been asked to deposit further amount of Rs. 1,03,757/- towards the allotment of plot bearing No. 8/M-269 in the Digha Area of Patna town. 3. It is submitted on behalf of the petitioner that direction to deposit the aforesaid amount is contrary to the terms of the hire - 2 - purchase agreement dated 6th March, 1997, Annexure-3 signed by and between the petitioner and the Board after allotment of the plot-in- question. 4. Having perused the terms of agreement, I am satisfied that the direction to deposit the additional amount is covered by the different clauses of the agreement as thereunder the Board has the authority to revise the amount of consideration money depending upon escalation of the acquisition cost. 5. Counsel for the petitioner then submitted that petitioner shall deposit the aforesaid amount within one month from today but the authorities of the Board should consider the case of the petitioner in the light of Section 7 of the Digha Acquired Land Settlement Act, 2010 no sooner the State Government notifies the date of coming into force of the Act of 2010 in the official gazette in terms of sub-section (2) of Section 1 of - 3 - the Act. In this connection learned counsel for the parties have also invited my attention to the order of the High Court dated 14.2.2011 passed in the case of Gulab Chand Dharewa in C.W.J.C.No. 477 of 2006 and other analogous matters, whereunder this Court directed the State Government to consider within three months from the date of receipt/production of a copy of the order dated 14.2.2011 the date from which the Act of 2010 shall come into force or repeal the said Act. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)