IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.3668 of 1997 =========================================================== Sunilchand Suchanti S/O Late Shrichand Suchanti, resident of Mohalla- Chaukhandi, P.O.- Bihar Sharif, Distt.- Nalanda. .... .... Petitioner/s Versus 1. The Bihar State Housing Board, Patna- 800015, through the Managing Director. 2. The Managing Director, Bihar State Housing Board, 6, Mangles Road, Patna- 800015. .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. R.K.P.Singh For the Respondent/s : Mr. Shrawan Kumar Mr. Rajiv Nayan Singh =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT Date: 22nd June 2011 (Per: HONOURABLE THE CHIEF JUSTICE) The learned advocates for the respondents State of Bihar and the Bihar State Housing Board are not present before us. The petitioner, a resident of Mohalla- Chaukhandi, P.0. Bihar Sharif, District- Nalanda, has filed this writ petition under Article 226 of the Constitution of India for a direction to the respondent- Bihar State Housing Board (hereinafter referred to as “the Board”) to allot to the petitioner a land/plot/house in Higher Income Group pursuant to the Patna High Court CWJC No.3668 of 1997 dt.22-06-2011 2 application for such allotment made by him on 8th April 1981. It is the claim of the petitioner that pursuant to the public advertisement given by the Board the petitioner had applied for allotment of a plot of land in Higher Income Group and had also paid registration fee of Rs. 50/-. The petitioner paid earnest money of Rs. 5,000/- on 26th May 1981. The claim of the petitioner is that the Board was under obligation to provide a plot of land/house in Higher Income Group to the petitioner and, as the Board has failed to discharge its obligation, the petitioner is constrained to file the present petition under Article 226 of the Constitution of India. Learned Advocate Mr. R.K.P. Singh has appeared for the petitioner. He submits that in answer to the public advertisement issued by the Board, the petitioner had made offer to purchase a plot of land/house in Higher Income Group. Thus, there was a completed contract between the Board and the petitioner and that the petitioner has a contractual right to allotment of a plot of land or a house in the Higher Income Group. He has also submitted that Section 51 of the Bihar State Housing Board Act empowers the Board to dispose of the land. The petitioner has, therefore, right of allotment of a plot of land/house as demanded by him. Patna High Court CWJC No.3668 of 1997 dt.22-06-2011 3 The petition is contested by the Board. The Board has made a counter affidavit. It is stated that a list of allottees has been submitted to this Court in C.W.J.C. No. 3991 of 1987 filed in public interest pending before this Court. Pursuant to the direction issued by this Court on 15th July 1991, the said list was published in the newspaper and objections were invited against the said list of allottees, if any. In answer to the said public notice the petitioner did not lodge any objection. It is further stated that certain plots of land and houses in the Higher Income Group were allotted in the year 1991. The allotment was made by draw. The power of disposal of the land conferred upon the Board under section 51 of the Act does not confer right upon the applicant for allotment of a plot of land or house. We also do not agree with Mr. Singh that moment the petitioner applied for allotment of a plot of land or a house, there was a completed contract between the Board and the petitioner and that the petitioner had a contractual right of allotment of a plot of land or a house. In our opinion, neither the petitioner has a statutory right nor a contractual right to allotment of a plot of land or a house pursuant to the application made by him on 8th April, 1981. The claim made in the present petition is totally misconceived and deserves to be rejected. Patna High Court CWJC No.3668 of 1997 dt.22-06-2011 4 It is clarified that the petitioner may choose to pursue his application for allotment of a plot of land or a house in Higher Income Group or may approach the Board for refund of the money deposited by him. If such application/ representation is made, the Bihar State Housing Board will refund the amount of earnest money with statutory interest of Five per cent within fifteen days from the date of the receipt of the application/representation. Subject to the above direction the petition is disposed of. The parties will bear their own cost. ( R. M. Doshit, CJ) ( Birendra Prasad Verma,J) BTiwary/