IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15317 of 2009 SHIVA SHANKAR PD. SINGH S/O LATE LALOO PRASAD SINGH, R/O VILL- SADIKPUR, P.S- ALAMGANJ, DISTT- PATNA, PRESENTLY RESIDING AT N.C. 150, LOHIYA NAGAR, POST & P.S- KANKARBAGH, DISTT- PATNA Versus 1. BIHAR STATE HOUSING BOARD, PATNA, THROUGH ITS MANAGING DIRECTOR 2. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, PATNA 3. STATE OFFICER-CUM- ADDITIONAL SECRETARY, BIHAR, STATE HOUSING BOARD, PATNA 4. THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD, PATNA DIVISION NO. 1, PATNA 5. THE REVENUE OFFICER, BIHAR STATE HOUSING BOARD, PATNA For the petitioner : Mr. S.P.Singh, Advocate Mr. Ashok Kumar, Advocate. For the Housing Board: Mr. Rabindra Kr. Priyadarshi, Mr. S.K.P. Sinha, Advocates. ----------- 7. 20-09-2010 1. Heard learned counsel for the petitioner as well as learned counsel for the Bihar State Housing Board and its authorities. 2. This petition has been filed for directing the authorities to refund the excess money collected by the Board under coercion as price and interest according to the petitioner for the land in question was not charged in accordance with the agreement dated 28-05-1980 (Annexure-1) between the parties. 3. From the arguments of the parties as well as the materials on record, it is quite apparent that agreement between the parties for purchase of plot in question i.e. Plot No. N.C. 150, was dated 28-05-1980 (Annexure-1) in which the cost of land was 2 determined as Rs. 34,750/- out of which Rs. 8,690/- was paid as initial payment and the remaining amount was to be paid within five years fixing Rs. 6,962/- as equal yearly installment. 4. It is not in dispute that no installment was paid by the petitioner within five years and only after about 11 years on 14- 02-1991 a sum of Rs. 26,000/- was paid by the petitioner to the Board. Furthermore, on 21.01.1996 an amount of Rs. 9,000/- was paid by the petitioner to the Board and finally Rs. 60,000/- was paid on 30-10-2001 i.e. after more than 21 years of the agreement. It is also not in dispute that the possession of the land was given by the Board to the petitioner as far back as on 04-06- 1980 and the petitioner has constructed his house. 5. It transpires that after receiving the aforesaid payments , the authorities of the Board sent letter dated 27-03-2002 (Annexure-2) to the petitioner accepting that the aforesaid payments were made. Furthermore, letter dated 24-04-2002 (Annexure-3) was sent by the authorities of the Board to the petitioner claiming that due to delay in payment and on calculation of interest etc. a further amount of Rs. 2,21,187/- was due which should be paid by 31.05.2002. Accordingly, on 31.05.2002 the petitioner made the payment of the aforesaid entire amount and receipt dated 31.05.2002(Annexure-4) was issued showing final payment with regard to the said land. 6. From the facts and circumstances of the case and the materials on record, it is quite apparent that no protest was 3 made by the petitioner at the time of final payment of the said amount and thereafter also neither any objection was raised by the petitioner before the Board with regard to the calculation of the Board, nor any application was filed by him for refund of any such amount and only on 12.11.2009 i.e. after more than seven years, this writ petition has been filed. 7. It is quite apparent that the petitioner had paid the amount very belatedly much beyond the period prescribed in the agreement and had made full and final payment on 31.05.2002 against which no protest or objection was ever raised by the petitioner before the Board. Even before this court, the petitioner has failed to state as to what was the excess amount paid by him and how the calculation and claim of the Board was excessive or illegal. 8. In the said circumstances, the claim of the petitioner appears to be absolutely frivolous and he cannot be allowed to raise such issue now before this court. Accordingly this writ petition is dismissed. Sujit (S.N.Hussain, J.)