IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3935 of 2001 MANJU RANI SINHA Versus THE BIHAR STATE HOUSING BOARD&ORS. ----------- 7 30/1/2009 Heard the parties. Prayer of the petitioner in this writ application is for refund of the entire amount of Rs. 62,372.40 paise with interest which is said to be deposited by her for a plot of land in Patna. The petitioner has also prayed for compensation for harassment caused to her for a period of 28 years. A counter affidavit has been filed on behalf of the Board wherein it has been stated that the petitioner had filed an application by getting herself registered in the year 1972 for a H.I.G plot in Patna under Bihar State Housing Board hereinafter referred to as the Board, in 1978. She had also deposited a sum of Rs. 5,000/- by way of earnest money in the Board and the Board had allotted a H.I.G. plot bearing No. 3H/426 to her at Digha in the town of Patna. The petitioner is said to have also accepted such allotment and had deposited a sum of Rs. 62,322-40 paise, but later on she refused to 2 continue with the said allotment and had requested for her amount so deposited to the Board may be refunded. The Board by order dated 5.7.2001 had passed an order for refund of Rs. 49,857.92 paise after deducting 20% of the deposit in terms of Clause 36(3) of Bihar State Housing Board Regulation 1983. The respondents have also filed a supplementary counter affidavit wherein it has been stated that balance amount was also paid to her alongwith interest at the rate of 5% in terms of order of this Court dated 28.3.2008. In view of the stand taken by the respondents in their counter affidavit and supplementary counter affidavit showing payment of Rs. 49,857.92 paise on 5.7.2001 and further payment of Rs. 61,281/- on 22.10.2007, nothing survives for adjudication of this case. Consequently, this application has become infructuous and is accordingly dismissed. (Mihir Kumar Jha, J.) Abhay Kumar