IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10102 of 2009 KAMESHWAR PRASAD SINHA s/o late Jagdambi Prasad, resident of Mohalla- Harsh Nagar, Mithanpura, P.O. Ramana, P.S. Mithanpura, Muzaffarpur, District & Town Muzafffarpur. Versus 1. THE STATE OF BIHAR through the Secretary, Department Urban Development, Govt. of Bihar, New Secretariat, Patna. 2. The Managing Director, Bihar State Housing Board,6, Sardar Patel Marg, Patna-15. 3. The Secretary, Bihar State Housing Board,6, Sardar Patel Marg, Patna-15. 4. The Landed Property Officer(Bhu Sampada Padadhikari),Bihar State Housing Board,6,Sardar Patel Marg, Patna-15. ----------- For the petitioner : Mr. NITYANAND Mishra. For the State : A.A.G.4 FOR the Board : Mrs Nilu Agrawal. 3 8.4.2010 Petitioner in the year 1991, being desirous of acquiring a house to meet his old age retirement upon superannuation, deposited a sum of Rs. 20,000/- with the Bihar State Housing Board for allotment of a plot of land at Digha in the district of Patna, as advertised by the Housing Board. The petitioner waited patiently for several years but then realizing that probably he would never get plot of land in his life time and also lose his money, he wrote to the authority of the Board for either allotting him land or refunding the money with interest. In response thereto by letter dated 17.7.2004, the Estate Officer of the Housing Board at Patna solicited his view whether he would accept a plot at current value at Bahadurpur, Patna. Petitioner immediately responded that if the price was reasonable, which may be communicated , he would consider the same but if there was any difficulty, his money with interest be refunded. The authority of the Board went in deep slumber .Being almost now 18 years old and he - 2 - has no option but to come to this Court by this writ petition, which was filed in August, 2009. When it was adjourned for three weeks to enable the respondent- Board to file a comprehensive counter affidavit what to talk of three weeks, six months have gone by but counsel for the Board has no instruction and no counter affidavit has been filed. In my view, there is no point in keeping the writ petition pending as the fact that the petitioner had paid Rs. 20,000/- in the year 1991 is not in dispute and it is also not in dispute that the petitioner has not been allotted any house or land in respect thereof. I, therefore, direct the petitioner to file an affidavit giving particulars and the manner, date and mode of deposit as also that he has not received refund thereof. Board would verify the particulars and within one month of such affidavit being filed along with a copy of this order refund the amount to the petitioner by Bank Draft payable at Muzaffarpur. The said principal amount of Rs. 20,000/- along with interest at the same rate at which the Board charges other applicants for delayed payment notwithstanding regulation to the contrary, as argued by learned counsel for the Board. This is a compensation which is being ordered by this Court to be paid to the petitioner for default on the part of the Housing Board. It shall be responsibility of the Managing Director, Housing Board, Bihar, Patna, to ensure proper and prompt compliance of the order of this Court. With the aforesaid observations and direction, the writ petition stands disposed of. singh (Navaniti Prasad Singh,J)