IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6041 of 2005 Krishneshwar Dayal, aged 74 years, son of late Rameshwar Dayal, resident of Flat No. KSFA-3-2/17, Sector ‘K’ Lohiya Nagar, Patna, Police Station Kankarbagh, District Patna, at present residing at Flat No. 303, R.D. Palace, Boring Road, Patna-800013, … … Petitioner Versus 1. The Bihar State Housing Board through its Managing Director, having his office in 6 Mangles Road, Police Station Sachivalaya, District Patna, 2. The Secretary, Bihar State Housing Board, having his office in 6 Mangles Road, Police Station Sachivalaya, District Patna, 3. The Revenue Officer, Bihar State Housing Board, having his office in 6 Mangles Road, Police Station Sachivalaya, District Patna, 4. The Manager Estate, Bihar State Housing Board, having his office in 6 Mangles Road, Police Station Sachivalaya, District Patna, 5. The Executive Engineer, Bihar State Housing Board, Patna, … .. Respondents For the Petitioner: M/s Man Mohan and Vikas Mohan, Advocates For Respondents: Mrs. Nilu Agrawal, Advocate Mr. Sanjay Kumar, Advocate … 3 20.10.2011 Heard learned counsel for the petitioner and the respondents. Petitioner is aggrieved by the additional demand made as per the legal notice dated 02.04.2005 as contained in Annexure 1 for payment of Rs. 2,00,995/- regarding the flat of the petitioner under self financing scheme Flat of the petitioner, the possession whereof was given to him in 2 1990 upon payment of final instalment as demanded vide letter dated 25.01.1999 as contained in Annexure 5. Learned counsel for the petitioner submits that the petitioner immediately deposited the amount demanded by the aforesaid letter by way of final instalment. However, it is stated that again a demand has been made for payment of further dues. Counter affidavit and supplementary counter affidavit have been filed on behalf of the respondents and calculation charge is also attached therewith. Learned counsel for the respondents submits that it is written in Annexure 5 itself that the last calculation will be sent to him subsequently after calculation of the principal and interest by the headquarters of the respondents. Learned counsel further submitted that the petitioner has defaulted in payment of the instalments. It would be apparent from the calculation chart appended as Annexure B to the supplementary counter affidavit that the petitioner is defaulter in payment of instalment for 8 years 8 months till the date of calculation. However, learned counsel for the petitioner disputes the same stating that letter dated 25.01.1999 3 showing the further dues was not received by the petitioner. It appears that the dispute is with regard to price of the concerned flat and learned counsel for the respondents submitted that a Price Committee has been constituted under the orders of this Court for redressal of such grievance. In above view of the matter, the writ application is being disposed with liberty to the petitioner to move before the Managing Director of the Bihar State Housing Board, respondent no. 1, raising all the grounds which have been raised in this writ application within six weeks along with a certified copy of this order. In that event, the Managing Director of the respondent-Board would be obliged to immediately refer the matter to the Price Committee which, thereafter, would consider the case of the petitioner, and record a reasoned order within three months after giving opportunity of hearing to the petitioner. It is made clear that while considering the case of the petitioner the Price Committee would be obliged to consider all the points raised by the petitioner with regard 4 to the dispute and also the stand taken by the respondent- Board and price of the flats of other allottees under the said scheme. SC ( Dr. Ravi Ranjan, J.)