IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14410 of 2005 Shashi Rama Devi wife of Sri Vidyadhar Prasad, resident of Mohalla-D-16, P.C. Coloney Kankarbagh. ….Petitioner. Versus 1. The Bihar State Housing Board through the Managing Director, Bihar, Patna. 2. The Revenue Officer, Bihar State Housing Board, Bihar, Patna. 3. The Executive Engineer, Bihar State Housing Board Bhagalpur. 4. The Asst. Engineer, Bihar State Housing Board, Bhagalpur. …Respondents. ----------- 2. 25.11.2011 Heard learned counsel for the petitioner and learned counsel for the Bihar State Housing Board. The writ petition has been filed for quashing of the demand raised by the Bihar State Housing Board upon the petitioner for paying some amount before the final deed of transfer which could be executed in her favour. Learned counsel for the petitioner submits that the allotment was in the year 1983 and the possession was given in the year 1990. He submits that pursuant to the agreement he has fulfilled all the conditions including payment of the amount so indicated. The submission is that when he approached 2 the Bihar State Housing Board for getting the final deed of transfer executed and registered in his favour, suddenly the Housing Board has raised the arbitrary demand. In this context he refers to certain communications from the Housing Board which go to show that the Bihar State Housing Board had undertaken an exercise to calculate the cost of the flat in question which according to him became the final cost, prior to such transfer and the petitioner having deposited the same, no further or fresh demand could be raised for the final registration. He submits that pursuant to such demand the amounts so indicated had also been paid. Learned counsel for the Bihar State Housing Board on the other hand submits that such enhancement has been made in accordance with law as well as the terms as indicated in the initial agreement itself. He submits that there is justification for such enhancement since Housing Board executes various schemes and the final costing is dependent on the ultimate cost which the Housing Board has to undergo 3 for completion of the scheme. He submits that in this view of the matter, whatever price is fixed at any particular point of time is only tentative and the actual finalization is upon closure of the scheme and further it will be dependent on any order passed by the competent Court with regard to the compensation payable to the original landholders on whose lands the schemes are executed. Considering the facts and circumstances of the case, this Court is of the opinion that though there will be some justification for the Bihar State Housing Board to raise further demand, but in absence of the reasons given or detailed break-up provided to the petitioner, the petitioner could not be expected to comply with the same only on its face value. The petitioner is entitled to know as to the reason why the additional demand is being raised for the property in question when according to her, she had already deposited the amount which was demanded as full and final payment. In view of the rival contentions this Court is not in a position to go into the factual aspect for the 4 present. Let the petitioner move before the Pricing Committee constituted in the Housing Board pursuant to order of a Division Bench of this Court. The Pricing Committee shall look into the matter and after affording adequate opportunity of hearing to the petitioner or her authorized representative deal with all the factual aspects and then come out with a detailed, speaking and reasoned order with regard to price fixation so as to justify the amount demanded by the Housing Board. If the petitioner files a representation within a period of two months from today alongwith a copy of this order, the Pricing Committee shall ensure that final orders are passed within the next four months thereafter; Pursuant to that if the petitioner makes the payment, the final deed of transfer shall be registered within a period of two months thereafter. Accordingly, the writ petition stands disposed off with the aforementioned directions. Kamlesh (Ahsanuddin Amanullah, J.)