IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7539 of 2006 UMESH NARAYAN VERMA, S/O- LATE GIRIWARDHARI PRASAD, R/O- SECTOR E-1, RESERVE BANK OF INDIA OFFICER’S COLONY, NEAR MALAHIPAKRI, WARD NO.- 23, POLICE STATION- KANKARBAGH, TOWN & DISTRICT- PATNA-800020:------PETITIONER. Versus 1. THE BIHAR STATE HOUSING BOARD THROUGH ITS MANAGING DIRECTOR, MANGLE’S ROAD, PATNA. 2. THE ESTATE OFFICER, BIHAR STATE HOUSING BOARD, MANGLE’S ROAD, PATNA. 3. THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD DIVISION-1, PATNA. 4. THE GOVERNMENT OF BIHAR, DEPARTMENT OF HOUSING THROUGH ITS SECRETARY, BIHAR, PATNA. 5. RESERVE BANK OF INDIA EMPLOYEES COOPERATIVE HOUSE BUILDING SOCIETY LTD., PATNA :---RESPONDENTS. ----------- 2. 19.04.2011. Heard learned counsel for the petitioner and the counsel for the Bihar State Housing Board (hereinafter referred to as the “Board”). 2. Petitioner is the allottee of Plot No. E-1 in the Lohiya Nagar, Patna Housing Colony of the Board. He has filed this writ petition questioning the notice bearing Letter No. 1028 dated 28.03.2006, Annexure-3, whereunder he has been asked to vacate the portion of Plot No. E/434 which is under his unauthorized occupation, failing which action shall be taken against him under Section 83 of the Board Act. 3. Counsel for the Board states that as petitioner failed to remove the encroachment from the portion of Plot No. E/434 action has been taken against him under Section 83 of the Board Act and the objection taken against the notice by filing the writ 2 petition should be taken before the authorities of the Board in the proceeding initiated under Section 83 of the Board Act. 4. Having heard counsel for the parties, I dispose of the writ petition granting liberty to the petitioner to raise the submission raised in this writ petition before the authorities of the Board in the proceeding initiated against him under Section 83 of the Act which should be disposed of in accordance with law. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)