IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14094 of 2009 1. MD.SULAIMAN S/O LATE MD. DILJAN VILL-MANICPUR JHAKHARI, P.O-JHAKHARA, P.S-MORHOWRAH, DISTT- SARAN AT PRESENT RESIDING IN THE HOUSE OF QUDDUS ALAM, NEAR WATER WORK MOH-SAMANPURS, RAJA-BAZAR, P.S- VETRINARY COLLEGE, TOWN & DISTT- PATNA Versus 1. THE STATE OF BIHAR 2. THE BIHAR STATE HOUSING BOARD PATNA-1, THROUGH ITS SECRETARY 3. THE CHAIRMAN BIHAR STATE HOUSING BOARD, PATNA-1 4. THE ESTATE OFFICER-CUM-ADDITIONAL SECRETARY, BIHAR STATE HOUSING BOARD, PATNA-1 5. THE EXECUTIVE ENGINEER BIHAR STATE HOUSING BOARD, MUZAFFARPUR ----------- For the Petitioner:- Mr. Nazmul Hoda, Adv. For the Board:- Mr. Ram Kishore Singh, Adv. Mr. Shashi Suman, Adv. ------------------ 3. 07.02.2011 Heard learned counsel for the petitioner and the Housing Board. The petitioner is stated to have applied for a plot of land in the year 1994 when he deposited Rs. 5500/-. After his superannuation from Government service in the year 2008, he has filed the writ application in the year 2009, that the allotment is still to be made and he did not receive any communication from the Housing Board. On the face of the facts stated in the writ petition, this Court is satisfied that the petitioner has only himself to blame for his predicament in having lost the opportunity to be considered for allotment of a plot. The claim to the satisfaction of 2 the Court is stale. The Court is not persuaded to start an enquiry today on issues whether a plot is available or it is not. That is for the petitioner and the Housing Board to solve if the petitioner approaches the Board. Conversely, if the petitioner desires refund of the sum of Rs. 5500/- initially deposited by him in 1994, surely the Board is obliged to return the same along with interest in accordance with law as may have been determined by judicial pronouncement. The Court declines interference in exercise of power under Article 226 of the Constitution of India on ground of delay and latches attributable to the petitioner himself. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)