IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.369 of 1998 Srimati Asha Devi wife of Sri Mohan Kumar Gupta, residing opposite B.N. College, P.S. – Pirbahore, District – Patna. ------------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Urban Development Department, Patna. 3. The Bihar State Housing Board through its Chairman. 4. The Secretary, Bihar State Housing Board, Patna. 5. Managing Director, Bihar State Housing Board, Patna. ------------ Respondents/Opp. Parties. ----------- 4 11.11.2008 The ambit of Civil Review is limited, the reason why it seems to have been admitted was because petitioner was not satisfied with the offer made by the Housing Board to him of Janata Flat in lieu of land at the Digha. Petitioner in the Review Application submits that his application was that a plot of land and nothing else. The court take judicial notice of the fact that vast tracks of the so-called acquired land of Digha is under illegal occupation of several persons. Despite several round of litigations and directions of the courts, Housing Board has not succeeded and getting possession of the land which can facilitate allotment to such applicants who made initial deposit in this regard including the present petitioner. Any direction or relief to the petitioner would be futile in nature and therefore, the maximum which the petitioner can claim from the respondents is his refund of the earnest money of Rs. 550/- deposited by him on 20.05.1981, in - 2 - addition, he may demand statutory interest if, it is so permissible. The Review Application stands disposed of with a liberty to the petitioner that he should furnish a copy of the receipt of the deposit of earnest money and lodge a claim for its refund, not only of the principal amount but also statutory interest as indicated in earlier part of the order. Let the petitioner lodge his claim along with a copy of this order and the decision in this regard would be taken within three months from the date of communication of this order. Rajeev/ (Ajay Kumar Tripathi, J.)