IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.3446 of 2005 Nageshwar Prasad Sinha son of late Gangadhar Silngh, resident of Basan Bigha, P.S. Usri, District Arwal, State Bihar .. … Petitioner Versus 1. The State Of Bihar, 2. Chairman, Bihar State Housing Board, Patna, 3. Managing Director, Bihar State Housing Board, Patna, 4. Executive Engineer, Patna Division, Bhagalpur Municipal Corporation, Bhagalpur, … Respondents For the Petitioner: Mr. D.P. Singh, Advocate For the BSHB: Mr. R.S. Pradhan, Sr. Advocate Mr. Ram Kishore Singh, Advocate …. 4 04.08.2011 Heard learned counsel for the petitioner and Mr. R.S. Pradhan, learned Sr. Advocate for the Bihar State Housing Board. Grievance of the petitioner is with regard to non- allotment of plot in Middle Income Group Scheme at Digha. The petitioner now wants allotment to be made even at any other place at Patna. However, it has been submitted on behalf of the Bihar State Housing Board (hereinafter to be referred to as “the Board”) that now Digha Acquired Land Regularisation Act, 2010 has been enacted by the legislature and the irregular occupants are to be regularized on certain terms and conditions. However, it has been submitted that the 2 petitioner’s serial number is 3084 in the waiting list for allotment. Learned counsel undertakes that petitioner’s case will also be considered in future along with other similarly situated persons for allotment of MIG plot in Digha or elsewhere at Patna in future whenever the Board will hold lottery for allotment of plots. Learned counsel for the petitioner is also satisfied with the aforesaid undertaking. Accordingly, this writ application is disposed of in view of the aforesaid undertaking on behalf of the respondent that whenever the Board decides to hold lottery for allotment of MIG plot in future then the petitioner’s case will also be considered along with other similarly situated persons. It goes without saying that the petitioner would always have a remedy to seek refund of his money deposited with the Board, if he does not want the plot and/or there is excessive delay in allotment. SC ( Dr. Ravi Ranjan, J.)