CIVIL WRIT JURISDICTION CASE No.2366 OF 1994 In the matter of an application under Article 226 of the Constitution of India. BIHAR STATE HOUSING BOARD, THROUGH ITS MANAGING DIRECTOR, MANGLES ROAD, PATNA, P.S.- SECRETARIAT, TOWN AND DISTRICT-PATNA. ………………PETITIONER Versus 1. THE STATE OF BIHAR THROUGH APPELLATE AUTHORITY, GOVERNMENT OF BIHAR, DEPARTMENT OF BUILDING CONSTRUCTION AND HOUSING, BIHAR, PATNA. 2. THE DEPUTY SECRETARY BUILDING CONSTRUCTION AND HOUSING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. COMPETENT AUTHORITY-CUM-SECOND OFFICER, SADAR, PATNA. 4. RAM TAWAKEYA SINGH, S/O SRI MUNNI SINGH, R/O VILLAGE-NISARPURA, P.O.-RAJIPUR, P.S.- BIKRAM, DISTRICT-PATNA AT PRESENT HOUSE NO. 176 SRI KRISHNA NAGAR, P.S.-KOTWALI (BUDHA COLONY) DISTRICT-PATNA. ………………RESPONDENTS. ---------- For The Petitioner : Mr.A.AMANULLAH, Adv. For The Priv. Resp. : Mr.Sukumar Sinha, Adv. P R E S E N T THE HON'BLE MR. JUSTICE JAYANANDAN SINGH Jayanandan Singh, J. Heard Mr.Amanullah, learned counsel for the petitioner, Mr.Sukumar Sinha, learned counsel for the private respondent no. 4 and learned counsel for the State. In view of submissions of learned counsels for the parties, this writ application is disposed of with liberty to the Housing Board to get the plots allotted to the concerned allottees measured at its own cost in presence of the parties for its 2 own satisfaction. In case, in the measurement the Housing Board finds that some area of land of Housing Board has been encroached by any allottee or any allottee has exceeded in possessing the land allotted to him in respect of which the Housing Board has received any complaint in the past on the basis of which this dispute originally arose, the Housing Board will be at liberty to take steps to rectify the same in accordance with law with due notices to the concerned allottee. It is made clear that no fresh claim by any allottee shall be entertained by the Housing Board which was not raised before it when this proceeding started. Patna High Court The 6th of July, 2010 N.A.F.R./Arvind ( J. N. Singh, J.)