IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5895 of 2006 MEENA TETARWAY, WIFE OF LATE AMARNATH TETARWAY, RESIDENT OF FLAT NO. 14, BLOCK-2, MADHUBAN HOUSING BOARD COMPLEX, MOHALLA- LOHIA NAGAR, P.O. & P.S. KANKARBAGH, TOWN AND DISTRICT- PATNA-800 020 :----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, BUILDING CONSTRUCTION & HOUSING DEPTT. VISHWASHAIRAIYA BHAWAN, BAILEY ROAD, PATNA-1. 2. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, MANGALES ROAD, PATNA. 3. THE REVENUE OFFICER, BIHAR STATE HOUSING BOARD, MANGLES ROAD, PATNA. 4. THE EXECUTIVE ENGINEER, CIRCLE-3, PATNA, BIHAR STATE HOUSING BOARD, BAHADURPUR, PATNA :---RESPONDENTS. ----------- 2. 28.03.2011. During the pendency of the writ petition petitioner left for her heavenly abode on 02.01.2011 which is evident from the death certificate dated 20.1.2011, Annexure-1 to Interlocutory Application No. 791 of 2011. It further appears from the Interlocutory Application that legal heirs of the petitioner are her two sons, as has been stated in Paragraph-2 of the said Interlocutory Application. 2. Let the name of the petitioner be expunged from the array of parties and the two sons of the deceased petitioner be impleaded as Petitioner Nos. 1 and 2. 3. Interlocutory Application No. 791 of 2011 2 is, accordingly, disposed of. 4. Heard learned counsel for the petitioners and the counsel for the Bihar State Housing Board, Patna (hereinafter referred to as the “Board”). 5. Mother of the petitioners was allotted a flat in Lohia Nagar Housing Colony of the Board vide allotment letter no. 5584/H dated 19.12.1995. The allotment was made at the provisional cost of Rs. 4,60,560/-. In the light of the allotment order mother of the petitioners deposited the amount and was put in possession of the flat on 11.3.1999. After being put in possession of the flat mother of the petitioners was served with Letter No. 2821 dated 13.4.1999, Annexure- 4 asking her to deposit a further sum of Rs. 8,955/9237/- by 30.4.1999/31.5.1999 which is the balance amount due towards the cost of the flat. Mother of the petitioners deposited the said amount on 29.4.1999. Under Letter No. 2735 dated 25.7.2005, Annexure-5 mother of the petitioners was informed that she is required to deposit further sum of Rs. 102414/103628/- towards the cost of 3 the flat by 31.7.2005/31.8.2005. Disputing the amount directed to be deposited under letter dated 25.7.2005 representation was filed by the mother of the petitioners which was replied under Letter No. 3056 dated 16.8.2005, Annexure-6 enclosing a calculation chart asking the mother of the petitioners to deposit the same amount which was called for under Letter dated 25.7.2005, Annexure-5. Mother of the petitioners again represented the matter before the Managing Director under representation dated 26.8.2005, Annexure-7 and having considered the same the impugned letter bearing no. 3969 dated 5.10.2005, Annexure-8 has been issued stating that the amount of Rs. 44,710/- was due towards the cost of the flat of the petitioners on 30.4.1999 and as the mother of the petitioners has not paid the said amount from 30.4.1999 till the date of issue of letter dated 25.7.2005, Annexure-5 she is required to pay interest over the amount of Rs. 44,710/- at the rate of 14.25 per cent and thereby the total amount due from the petitioners is Rs. 102414/-. 4 6. It is submitted on behalf of the petitioners that the cost of the flat which was not realized from the mother of the petitioners on the date of handing over possession of the flat or soon thereafter may be realized from the petitioners but interest thereon for the period between 13.4.1999 till 25.7.2005 cannot be realized as during the said period mother of the petitioners was never asked to deposit the said amount. 7. Counsel for the Board has opposed the aforesaid prayer. He says that the sum of Rs. 44,710/- is due from the petitioners towards the cost of the flat and as the said amount has not been paid by the mother of the petitioners until issue of letter dated 25.07.2005 they are required to pay interest over the said amount for the period between 13.4.1999 till the date of issue of the letter dated 25.7.2005, Annexure-5. 8. Counsel for the petitioners in rejoinder submitted that the authorities of the Board having failed to demand the amount are not entitled to charge interest over the same. In this connection he has also referred to 5 the Division Bench judgment of this Court in the case of Bihar State Housing Board & others Vs. Sardar Singh, reported in 1998 (3) ALL P.L.R. 404 and submitted that in paragraph 4 of the said judgment the Division Bench has categorically held that interest is liable to be charged on an amount which has not been paid after demand. In the instant case the amount demanded from the mother of the petitioners under letter dated 13.4.1999 was Rs. 8955/9237/- which was directed to be paid by 30.4.1999/31.5.1999 which the mother of the petitioners promptly paid within the time and no such demand was ever raised for deposit of Rs. 44,710/- until letter dated 25.7.2005, Annexure-5 was issued asking the mother of the petitioners to pay Rs. 102414/103628/- by 31.7.2005/31.8.2005 out of which Rs. 41,710/- is towards the cost of the flat and the balance is towards the interest. So far the balance amount of Rs. 44,710/- towards the cost of the flat is concerned, mother of the petitioners have already deposited the said amount on 23.8.2005, as such, petitioners are not to pay any interest 6 over the said amount and the instruction contained in letter dated 25.7.2005, 16.8.2005, 05.10.2005 directing the mother of the petitioners to pay the total amount of Rs. 102414/ 103628/- contained in Annexures-5,6 and 8 is quashed. 9. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)