IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9043 of 2011 SHIVENDRA KUMAR, S/O LATE SRIDEO MISHRA, PLOT NO. M/44, SRI KRISHNA NAGAR, P.O KIDWAIPURI, P.S. BUDHA COLONY, DISTRICT PATNA. …………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHR, PATNA. 2.THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, OLD SECRETARIATE BUILDING, BAILEY ROAD, GOVERNMENT OF BIHAR, PATNA. 3.THE BIHAR STATE HOUSING BOARD THROUGH THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, 6, SARDAR PATEL MARG, PATNA-16. 4.THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, 6, SARDAR PATEL MARG, PATNA-16. 5.THE ESTATE OFFICER, BIHAR STATE HOUSING BOARD, 6, SARDAR PATEL MARG, PATNA-16. 6.THE EXECUTIVE ENGINEER, PATNA DIVISION-2, BIHAR STATE HOUSING BOARD, 6, SARDAR PATEL MARG, PATNA-16. …………………….RESPONDENTS. ----------- 02/ 20.05.2011 Heard Mr. Piyush Lal, counsel for the petitioner and counsel for the Bihar State Housing Board. In this writ application though the prayer made by the petitioner reads as follows:- (I) For quashing notice vide letter No. 1781 dated 08.03.2011 issued by the Managing Director, Bihar State Housing Board to the petitioner asking him to show cause as to why action be not taken for cancellation of allotment of land by the Bihar State Housing Board and for taking action under Section 78 of the Bihar State Housing Board Act, 1982 and demolishing the construction on the ground that the said construction is in violation of 2 section 78 of the said Act as prior permission of the said Board was not taken before starting the said construction and also for quashing letter NO. 530 dated 08.03.2011 of the Executive Engineer, Patna Division-2 of the said Board. (II) For holding and declaring that there has been no violation on behalf of the petitioner in demolishing his old residential house and proceeding to construct a new building thereon for residential purpose either under the provision of the above Bihar State Housing Board Act, 1982 or any other relatable law, rules, regulations and guidelines and to permit him to proceed with his construction as per the approved map by the Patna Municipal Corporation without any hindrance/objection. but then Mr. Lal for the time being would confine the prayer of the petitioner for a mere consideration of the reply filed by the petitioner in response to the show cause notice as contained in Annexure 3 and 4. It would appear from the show cause notice dated 08.03.2011, that the petitioner was given liberty to file his reply and the petitioner claims to have filed such show cause reply on 30.03.2011, whereafter the respondents ought to have passed their final order. In that view of the matter, this Court would direct respondent no. 4 to pass his final order on the show cause reply filed by the petitioner contained in Annexure-4 within a period of two months from the date of receipt/production of a copy of this order. 3 It goes without saying that if any adverse decision is taken against the petitioner by the Managing Director of the Bihar State Housing Board, the petitioner will have his recourse open, as is permissible in law. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)