IN THE HIGH COURT OF JUDICATURE AT PATNA ------------ Letters Patent Appeal No.436 of 2011 ---------- Appeal against the Judgment and Order dated 7-2-11 passed by a Bench of this Court in C.W.J.C. No. 14094 of 2009. ------------ Md.Sulaiman, son of late Md. Diljan, resident of Village- Manirpur Jhakhari, P.O. Jhakhara, P.S. Marhowrah, District- Saran, at present residing in the house of Quddus Alam, near Water Work, Mohalla- Samanpura, Raja Bazar, P.S. Vetrinary College, Town and District- Patna........................................Appellant 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........................................Respondents --------- For the appellant :- Mr. Najmul Hoda, Advocate For the Board :- Mr. R.S. Pradhan,Sr.Advocate & Mr.Ram Kishore Singh,Advocate ----------- 6 30-9-2011 Heard the parties. It appears from the counter-affidavit filed on behalf of respondent- Housing Board that they have admitted that there is no evidence to show that the letter of allotment dated 8-11-1996 was communicated to the 2 appellant/ writ petitioner. However, their stand is that the allotment used to be made by lottery in presence of the applicants or their agents and it is expected that the appellant had no knowledge about the allotment. It is admitted that after applying for a plot of land at Chapra in the year 1994 along with an amount of Rs.5,500/- the appellant never cared to find out the position of his application when allotments were made to large number of persons in the year 1996 itself. Clearly the appellant also slept over his right for a long period of time but fortunately the respondent- Board, as appears from annexure-6, a letter written by the appellant, has not cancelled the allotment as yet but is asking the appellant to execute required agreement after deposing 30% of the present price of the land. According to the petitioner the present price of the land verbally demanded is Rs.9,9000,0/-lakh which according to the appellant is highly exorbitant and not in accordance with law. Till date no written demand has been made from the appellant, as claimed by him. We would not like to go 3 into the controversy as to what is the present price of the land being demanded by the Housing Board. We direct the Housing Board to issue a letter to the appellant or to furnish the required information regarding the present price of the land within two weeks of petitioner approaching the Board with a copy of this order.. If appellant is prepared to accept the price demanded by the Housing Board and deposits the appropriate amount, there would not be any difficulty in execution of agreement by the Housing Board. However, in case the appellant does not accept the present price of the plot, the parties would be at liberty to choose their future course of action in accordance with law. It is made clear that the demand of present price by the Board should contain sufficient details as to how the present price has been calculated and what is the policy or rule for calculation of that price. The appeal is disposed of. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)