IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2935 of 2004 RAJENDRA KUMAR son of Sri Baldeo Purbey R/o 12 Bara Khairat Ahmad Road,Gaya, Police Station Kotwali, District-Gaya...Petitioner. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. The Bihar State Housing Board, through its Chairman, Patna. 3. The Executive Engineer, Bihar State Housing Board, Patna, Circle no.2 Bahadurpur Patna,800020. 4. The Assiistant Engineer, Bihar State Housing Board, Patna Circle No.2, Bahadurpur, Patna .....Respondents. ----------- For the petitioner : Shivendra Prasad, Adv. For the Respondents : Mr. Rajiv Nayan Singh, Adv. Mr. Prakash Shekhar Suman, Adv. For the State : Mr. Indeshwari Prasad Mandal, A.C. to G.A. 7 ----------- 2 01.03.2011 Heard the parties. 2. The present petition has been filed on behalf of the petitioner for the reliefs, delineated in paragraph 1 of the writ petition which are quoted hereinbelow: “This is an application for issuance of an appropriate writ/writs, order/orders, direction/directions commanding the respondents to hand over the vacant possession of plot no.3M/363 at Sector no.3 at Digha, which has been allotted in favour of the petitioner on hire and purchase basis. The petitioner further prays for any other relief/reliefs for which this Hon’ble Court may find the petitioner entitled in the facts and circumstances of the present case.” 3. Learned counsel for the petitioner submits that in response to an advertisement issued in the year 1972 by the respondent Bihar State Housing Board, the petitioner had submitted an application in the prescribed form for allotment of a plot of land at Patna Town. The petitioner claims to have deposited altogether 2 Rs.34,216/- with the respondent Housing Board on different dates. However, despite deposit of aforesaid amount and despite allotment of M.I.G. plot No. 3M/363 at Sector no.3 at Digha, Patna, the actual possession could not be handed over to the petitioner till date. Therefore, a prayer has been made for refund of the entire amount with interest. 4. Learned counsel for the respondent Housing Board submitted that the lands at Digha was acquired by the competent authority and its possession was handed over to the respondent Bihar State Housing Board. But before the land could be developed for allotment to the different allottees, several litigations cropped up between the original land-holder/purchaser and the Bihar State Housing Board and for that reason the actual possession of the allotted plot could not be handed over to the allottees including the petitioner. Therefore, in his submission, the action of respondent Housing Board can not be faulted in the eye of law. 5. When the matter was taken up on previous date, then this court had indicated orally to the counsel appearing for respondent Housing Board to make payment of admitted dues of the petitioner with statutory interest in the light of a Division Bench Judgment of this Court dated 20.2.2010, passed in C.W.J.C.No.7335 of 1991 and the matter was simply passed over. In due obedience of oral observation of this Court , the respondent Bihar State Housing Board has acted very fairly and it’s counsel has come today with a cheque dated 25.2.2011 for an amount of Rs. 61,968/- towards final settlement of entire claim of the petitioner against the respondent 3 Bihar State Housing Board. Learned counsel for the petitioner has also taken a very fair stand and has submitted that petitioner is prepared to accept the aforesaid cheque for Rs. 61,968/- and he will not raise any future claim against the respondent Bihar State Housing Board. 6. For the reasons recorded above, this Court is of the considered opinion that the claim raised on behalf of the petitioner stands fully satisfied on payment of aforesaid amount by cheque dated 25.2.2011. It is made clear that henceforth the petitioner or his legal representative or successor shall not make any future claim either for further interest over the amount deposited or for allotment of any plot by the respondent Bihar State Housing Board. Counsel for the petitioner was handed over the aforesaid cheque along with a copy of order dated 25.2.2011 passed by Revenue Officer of the respondent Housing Board in the court itself and he shall make endorsement in the order-sheet in token of receipt of the cheque and the copy of the aforesaid order. The application stands disposed of. M.Rahman ( Birendra Prasad Verma, J )