IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.747 of 2008 BIJAY KUMAR SINHA, ADVOCATE, S/O LATE KRISHNA PRASAD SINHA, RESIDENT OF BAHADURPUR, NEAR BAZAR SAMITI GATE, RAMPUR ROAD, P.S.- SULTANGANJ, DISTRICT- PATNA. … PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, HAVING HIS OFFICE IN OLD SECRETARIAT, P.S.- SACHIVALAYA, DISTRICT- PATNA. 2. THE SECRETARY, URBAN DEVELOPMENT HOUSING DEPARTMENT, HAVING HIS OFFICE IN VIKAS BHAWAN, NEW SECRETARIAT, P.S.- SASTRINAGAR, DISTRICT- PATNA. 3. THE DEPUTY SECRETARY, URBAN DEVELOPMENT HOUSING DEPARTMENT, HAVING HIS OFFICE IN VIKAS BHAWAN, NEW SECRETARIAT, P.S.- SASTRINAGAR, DISTRICT- PATNA. 4. THE BIHAR STATE HOUSING BORAD THROUGH ITS SECRETARY, HAVING HIS OFFICE IN 6 MANGALS ROAD, P.S.- SACHIVALAYA, DISTRICT- PATNA. 5. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, HAVING HIS OFFICE IN 6 MANGALS ROAD, P.S.- SACHIVALAYA, DISTRICT- PATNA. … RESPONDENTS. For the Petitioner: Mr. Rupak Kumar, Advocate. For the Board : Mr. Anil Kr. Sinha, Advocate. For the State: Mr. Ajay Kumar Sharma, A.C. to A.A.G.-I. ----------- 4. 10.01.2011 Heard learned counsel for the petitioner, Bihar State Housing Board (hereinafter referred to as the ‘Board’) and the State of Bihar who has not filed any counter affidavit although the matter remained pending in this Court for over two years. 2. This writ petition has been filed praying inter alia to direct the appropriate authority of the State Government to appoint non-official members on the Board of the Housing Board in terms of the provisions contained in Section 4(i)(j) of the Bihar State Housing Board Act,1982 which inter alia empower the State 2 Government to nominate four non-official member on the Board of the Housing Board. It is submitted on behalf of the petitioner that earlier non-official members of the Housing Board completed their term of office on 7.5.1998 but thereafter till date there has been no appointment of the non-official members on the Board of the Housing Board. It is further submitted that in terms of the provisions contained in Sub- section (i) (j) of Section 4 of the Act it is the duty of the State Government to appoint non-official members on the Board of the Housing Board so as to enable the Housing Board to function in the interest of the general public. From the counter affidavit of the Board it appears that after 7.5.1998 the Secretary of the Board has written to the Housing Department of the State Government on 25.11.1998 and 6.6.2007 requesting the Government to appoint non-official members on the Board of the Housing Board under Sub-section (i)(j) of Section 4 of the Act but till date such appointment has not been made by the Government. 3. Having heard counsel for the parties, I direct the competent authority of the state Government to consider the request of the Housing Board contained in letter dated 25.11.1998 and 6.6.2007, Annexure-9 for appointment of non-official members 3 on the Board of the Housing Board, as early as possible, in any case, within three months from the date of receipt/production of a copy of this order before the competent authority of the state Government. 4. This writ application is, accordingly, disposed of. Ibrar/- ( V.N. Sinha, J.)