CIVIL WRIT JURISDICTION CASE No.9446 OF 1992 WITH CIVIL WRIT JURISDICTION CASE No. 9488 OF 1992 ------ In the matter of applications under Articles 226and 227 of the Constitution of India. ------- 1. Suman Prasad Srivastava, son of late Nathuni Lal, resident of Village Baradh, P.S. Charpokhri, District – Bhojpur (Arrah). 2. Kameshwar Nath Srivastava, son of late Permeshwar Nath, resident of Village – Ramfgarhia, P.O. Arrah, P.s. Arrah Town, District – Bhojpur. 3. Rameshwar Lal, son of late Ram Badan Lal, resident of Village + P.O. Sonpa, P S – Rajpaur, District – Bhojpur. 4. Madan Gopal Pandey, son of late Indra Daman Pandey, resident of Village – Manichhapra, P.O. Matukpur, P S – Burhura, District- Bhojpur at Arrah. 5. Mithilesh Kumar Singh, son of Sri Krishna Singh, resident of Village-Maharaja Huta Katira Arrah, P.O. Arrah, P.s. Arrah, District – Bhojpur (Arrah). 6. Smt. Shakuntala Devi wife of Sri Nandji Ram, Resident of Village+P.O. Khujaria, Via – Dhamar, P S – Arrah Mofussil, District- Bhojpur (Arrah). 7. Kumar Vinod, son of Sri Sheo Sagar Singh, resident of Village-P.O. Krishna Garh, P S – Barahara, District – Bhojpur at Arrah. 8. Dr. Indrawati Singh, wife of sri Dhirendra Prasad Singh, resident of Kafira Sahael co Giri Road, Arrah, P.S. Arrah Hawaela, District – Bhojpur (Arrah). 9. Bharosa Ram, son of late Hanhak Ram, resident of village + P.O. Sowan, P S – Dumraon, District – Bhojpur. 10. Chandra Bhushan Pandey, son of late Jamardin Pandey, resident of Village - Farahada, P.O. Hathamalpur, P.S. Barahara, District – Bhojpur (Arrah). 11. Urmila Pandey, wife of sri Indradeo Pandey, resident of Village – Dharmangatpur , P.O. Mahuar, P S. Sahpur, District - Bhojpur(Arrah). 12. Smt. Mira Singh, wife of Nirmal Kumar Singh, resident of Village- Narhi, P.O. Narhi Chandi, P.S. Chandi, District – Bhojpur. ------------------ (Petitioners in CWJC No.9446/1992.) 1. Ram Narain Ram, son of late Rajeshwar Ram, resident of village- Prasaunda, P.S. Shahpur, District – Bhojpur. 2. Lalmuni Ram, son of late Jagropan Ram , resident of village doman Dehra, P.S. Dawat, District – Rohtas. 3. Yogendra Daibi Path, son of Mun Mahesh Ram, resident of Village- Gaura, P S – Behea, District – Bhojpur. 4. Mahendra Prasad, son of Mun Mahesh Ram, resident of Village- Gaura, P S – Behea, District – Bhojpur. 5. Jai Mangal Prasad, son of Babu Nandan Ji, resident of Village – Dhobaha, P.S. Arrah Mofussil, District – Bhojpur. 6. Smt. Shushila Keshri, wife of sri Gopal Ji, Assistant teacher, Ram - 2 - Nagina Pandey High School, Babu Bazar, Arrah, District – Bhojpur. 7. Bhola Ram son of Rampujan Ram, resident of Village Chankipur, PS – Udbant Nagar, District – Bhojpur, at present cashier, Bhojpur Rohtas Gramin Bank, Nokha Branch, Rohtas. 8. Vidya Rani Singh, wife of Ram Kumar Himanshu, resident of Village- Koelwar, P.S. Koelwar, district – Bhojpur. (Petitioners in CWJC No.9488/1992.) Versus 1. The State of Bihar 2. The Bihar State Housing Board, through its Chairman. 3. The Managing Director, Bihar State Housing Board, Mangles Road. Patna. 4. The Manager of the Estate-cum-Joint Secretary, Bihar State Housing Board, Mangles Road, Patna. 5. The Assistant Engineer, Sub-Divisional Office, Housing Board, at Arrah, District – Bhojpur. ( Respondents in CWJC No.9446/1992) 1. The State of Bihar 2. The Bihar State Housing Board, through its Chairman. 3. The Managing Director, Bihar State Housing Board, Mangles Road. Patna. 4. The Manager of the Estate-cum-Joint Secretary, Bihar State Housing Board, Mangles Road, Patna. 5. The Executive Engineer, Housing Board, Incharge of Dalpatpur Scheme at Arrah, Bahadurpur, Patna – 20. 6. The Assistant Engineer, Sub-Divisional Office, Housing Board, at Arrah, District – Bhojpur . (Respondents in CWJC No. 9488 of 1992). ---------- For the petitioners (in CWJC No.9446/1992): None For the petitioners (in CWJC No.9488/1992): Mr. Ambar Nath Banerji For the State (in both the cases): Mr. Shashi Bhushan Kumar,SC 16 For the Housing Board: M/s. Rajiv Nayan Singh & Sanjay Kr Singh. ---------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI ***** A K Tripathi, J. Petitioners of both the writ applications are the unfortunate victims of the machination and arbitrary action of the officials of the Housing Board of the State. In both the writ applications the properties in question are same/similar and located at Ara. The dispute basically relates to the costing and the liability created against the petitioners without proper - 3 - accounting or proper costing having been made. 2. The grievances made by the petitioners and averments made in the writ applications are not unique and this Court had occasions to comment on the working of the Housing Board in some other cases also. 3. Learned counsel appearing for the Housing Board informs the Court that a serious introspection has been made and effort is on not only to clear the mess but also streamline the working to make it more fair and open. 4. Since the issues raised in the present writ applications are limited, therefore, the matter is being disposed of with a direction upon the Managing Director that he shall get the claim of these petitioners examined. Their liabilities to pay should be worked out keeping in mind the law, condition in which possession was given or offered and then raise a fresh demand. The Housing Board would be obliged to communicate their decision to all the petitioners and if the petitioners are satisfied, they shall fulfil their part of obligation and complete the transaction and bring to an end the dispute which has been going on between the parties right from the year 1987 onwards. 5. It will be in the interest of the Housing Board to get the matter decided at the earliest. 6. The writ applications are disposed of with the above directions. (Ajay Kumar Tripathi, J) Patna High Court: The 28th November, 2008. NAFR. R K Pathak