IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.209 of 2006 HARIKANT THAKUR, SON OF LATE JOKHE LAL THAKUR, RESIDENT OF VILLAGE TISWARA P.O. SARAIRANJAN, DISTT. SAMASTIPUR AT PRESENT M.I.G. 25, HANUMAN NAGAR, KANKARBAGH, PATNA-800020. Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY, URBAN DEVELOPMENT, GOVT. OF BIHAR, PATNA. 2. THE COMMISSIONER, BUILDING CONSTRUCTION & HOUSING DEPARTMENT, GOVT. OF BIHAR. 3. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, PATNA. 4. THE ESTATE OFFICER-CUM-ADDITIONAL SECRETARY, BIHAR STATE HOUSING BOARD, PATNA. 5. THE EXECUTIVE ENGINEER, PATNA, DIVISION NO.1, BIHAR STATE HOUSING BOARD, PATNA. For the petitioner : M/s. S. N. Pathak, Awadhendra Kumar, Advocates. For the State : Mr. Gyan Shankar, AC to GP-6 For the Board : Mr. Anil Kumar Sinha, Advocate. ----------- 03. 18.01.2011 Heard learned counsel for the petitioner, the State and the counsel for the Bihar State Housing Board(hereinafter referred to as the Board). 2. Petitioner was registered in the year, 1975 for allotment of a house in Hanuman Nagar, Kankarbagh, Patna colony of the Board. The allotment was not made in his favour. He approached the State Government to consider his case for being recommended for allotment under the discretionary quota of the State Government. The recommendation of the Government in favour of petitioner is contained in letter No.51 dated 10.11.1993, whereunder he has been recommended for allotment of flat in Bahadurpur 2 housing colony of the Board. Petitioner is not accepting the allotment of flat in Bahadurpur housing colony of the Board. He continued to represent before the authorities of the Board that his case be considered for allotment of house in Hanuman Nagar colony of the Board. Such request of the petitioner was considered by the Secretary/Managing Director of the Board under note dated 4.10.2007, Annexure-6 to the Interlocutory Application filed on behalf of the petitioner. Perusal of note dated 4.10.2007 of the Secretary/ Managing Director of the Board indicates that willingness of the petitioner was sought for exchange of allotment from flat in Bahadurpur to house in Hanuman Nagar colony of the Board. 3. It is submitted on behalf of the petitioner that in the light of the willingness sought from the petitioner he has already communicated his willingness to accept the allotment from amongst the vacant houses available in Hanuman Nagar colony of the Board. It is also submitted that those who were allotted flat in Bahadurpur colony of the Board have been allowed exchange of house in Hanuman Nagar colony of the Board. 4. Counsel for the Board has opposed the submission of the petitioner with reference to the 3 resolution of the Board dated 6.1.2009 contained in Annexure-R/4 to the counter affidavit, perusal whereof indicates that the case of the petitioner for exchange of allotment of house was rejected by the Board as allotment has been made in his favour in the light of the recommendation of the State Government contained in letter no.51 dated 10.11.1993. 5. Learned counsel for the petitioner in rejoinder submitted that after petitioner was not allotted any house in Hanuman Nagar colony of the Board, he requested the authorities of the Government to consider his case under the discretionary quota of the State Government but while making such request petitioner never gave up his request for allotment of house in Hanuman Nagar colony of the Board. 6. Having heard counsel for the parties, I direct the petitioner to represent before the Managing Director of the Board that he never gave up his request for allotment of a house in Hanuman Nagar colony of the Board and the recommendation contained in letter dated 10.11.1993 has been made by the State Government for allotment of flat in Bahadurpur without any concession being recorded by the petitioner and such recommendation may not deprive him of the house in Hanuman Nagar, which representation be 4 considered by the Managing Director as it has been stated at the Bar by the counsel for the petitioner that others who were allotted flat in Bahadur colony of the Board have been allowed the facility of exchange of house in Hanuman Nagar. In this connection, petitioner has referred to the name of Sri Girisdeo Pandey who was initially allotted flat in Bahadurpur but later was allowed to exchange the flat with house in Hanuman Nagar colony of the Board. Necessary order on the representation of the petitioner be passed by the Managing Director in accordance with law, as early as possible, in any case within two months from the date of receipt of the fresh representation along with a copy of this order by the Managing Director. 7. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)