IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8301 of 2009 2 20.7.2009 Subodh Kumar Sinha, Son of Late S.N.Sinha, Resident of 23 Nageshwar Colony, Boring Road, P.S. Budha Colony, Town & District Patna ..... PETITIONER VERSUS 1. The State of Bihar through its Principal Secretary, Urban Development & Housing Department, Government of Bihar having its office situated in Vikash Bhawan, Bailey Road, PS Sachivalaya, District- Patna 2. The Bihar State Housing Board through its Chariman having its office situated in 6 Sardar Patel Marg, PS Sachivalaya District Patna 3. The Managing Director, Bihar State Housing Board having its office situated in 6 Sardar Patel Marg, PS Sachivalaya District Patna 4. The Manager Estate Bihar State Housing Board having its office situated in 6 Sardar Patel Marg, PS Sachivalaya District Patna ...... RESPONDENTS ------- Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is aggrieved by clause 13 of format of agreement which the Bihar State Housing Board appears to be using for the purpose of agreement or lease between the Board and various allottees of dwelling units in Hanuman Nagar or similar housing colonies. The effect of clause 13 is that in the event an allottee decides to sell or mortgage his dwelling unit which has been leased to him by the Board then he shall have to obtain permission from the Board and share 50 per cent of the unearned increase i.e. the difference between the cost paid and 2 the market value of the land and the house at the time of sale, mortgage or transfer. Such provision in the lease deed appears to be in existence since long and the lessee have not come forward to challenge such a provision. We are not persuaded to examine the legality or validity of such a clause in the agreement which gives some benefit to the Bihar State Housing Board, on account of a writ petition filed in public interest. The writ petition is, therefore, dismissed. (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.) sk