IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5378 of 2005 Divakar Prasad Vidyarthi @Divakar Pd. Vidayrthy, son of late Ganga Singh, resident of village, Alua Bigha, Post Office, Chhariyari, Police Station Makhdumpur, District, Jehanabad. …..Petitioner Versus 1. The Bihar State Housing Board, through its Chairman, 6 Mangles Road, P.S.-Sachivalaya, District-Patna. 2. The Managing Director, Bihar State Housing Board, through its Chairman, 6 Mangles Road, P.S.-Sachivalaya, District-Patna. 3. The Secretary, Bihar State Housing Board, through its Chairman, 6 Mangles Road, P.S.- Sachivalaya, District-Patna. 4. The Manager, Estate, Bihar State Housing Board, through its Chairman, 6 Mangles Road, P.S.- Sachivalaya, District-Patna. 5. The Chief Engineer, Bihar State Housing Board, through its Chairman, 6 Mangles Road, P.S.- Sachivalaya, District-Patna. 6. The Executive Engineer, Bihar State Housing Board, through its Chairman, 6 Mangles Road, P.S.-Sachivalaya, District-Patna. 7. The Revenue Officer, Bihar State Housing Board, through its Chairman, 6 Mangles Road, P.S.- Sachivalaya, District-Patna. 8. The Commissioner-cum-Secretary, Urban Development and Housing Department, Vishwasaraiya Bhawan, Police Station- Sachivalaya, District-Patna. 9. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 10. The Principal Secretary, Department of Housing, Government of Bihar, Patna. …………. Respondents. …………… For the Petitioner : Mr. Arvind Prasad Singh, Advocate For the Board : Mr. R.S. Pradhan, Sr. Advocate Mr. Ram Kishore Singh, Advocate For the State : Akhileshwar Singh, A.C. to S.C. 5 ……………… 2 5 22.12.2011 Heard learned counsel for the petitioner, State and respondent nos. 1 to 7. Petitioner seeks direction to the respondents to deliver the possession of the land bearing Plot No.10L/94 measuring an area of 990 square feet situated at Mohalla Digha, District, Patna, as the same has been allotted to the petitioner and a hire purchase agreement had already been executed on 12.3.1997 and apart from the earnest money, some amount had also been paid by the petitioner. A counter affidavit has been filed on behalf of respondent nos. 1 to 7 accepting the allotment of the aforesaid plot on the basis of lottery held on 20.07.1991 and the hire purchase agreement between the parties has also been accepted. It is also accepted that the petitioner had paid earnest money of Rs.650/- and a sum of Rs.6,648/- has been deposited by him on 07.11.1992. However, it is stated that due to law and order problem, the possession of the land could not be taken by the respondents. Thus, the petitioner and thousands of allottees could not be given possession over the allotted land. It is also 3 sated that if the petitioner approaches along with the relevant document, the Housing Board would refund the deposited amount as per the regulation of the Board. However, it is urged on behalf of the petitioner that he is not interested in the refund rather he is interested in plot/flat to be given to him and he is ready to wait further for delivery of possession of the plot/flat. In above view of the matter, this writ application is disposed of with a direction to the respondents to look into the matter of the petitioner and whenever a decision for delivery of possession to the allottees is taken, his case should be considered in accordance with seniority list. However, in case of delay, the petitioner would also be entitled to seek refund alongwith interest in accordance with law. Sanjay-II (Dr. Ravi Ranjan, J.)