IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11490 of 2003 1. Sunil Kumar son of late Nawal Kishore Jha 2. Sunita Jha widow of late Dharmendra Jha son of late Nawal Kishore Jha Both residents of M.I.G. Holding No. 218, Hanumannagar, P.S. Kankarbagh, District Patna. 3. Usha Mishra wife of Sri S.K. Mishra, resident of Kastar Town- B, Deoghar, P.S. and District Deoghar (Jharkhand) 4. Nirmala Jha wife of Dharmendra Jha, resident of Hanumannagar, Mustafabad, P.S. and District Gaya –Petitioners. Versus 1. The Bihar State Housing Board, through its Managing Director, Mangles Road, Patna. 2. The Managing Director, Bihar State Housing Board, Mangles Road, Patna. 3. The Estate Officer, Bihar State Housing Board, Mangles Road, Patna. 4. The Executive Engineer, Bihar State Housing Board, Division No.1, Patna. 5. The Assistant Engineer (4), Division No.1, Bihar State Housing Board, Patna. --- Respondents. ----------- 5/ 18-01-2011 Heard the parties. 2. The petitioners had originally filed the present writ petition under Article 226 of the Constitution of India seeking a direction upon the respondents to hand over the vacant possession of M.I.G. House No. 222 situate in the Mohalla Lohianagar in the town of Patna, which was allotted to the original writ petitioner, Nawal Kishore Jha by an order dated 04.06.1980 and for which agreement dated 24.07.1980 was executed by the respondent-Board. It further appears that some dispute was going-on with respect to aforesaid M.I.G. House No. 222, therefore, possession could not be granted to the original petitioner. 2 However, respondent- Bihar State Housing Board and its officials, by way of alternative arrangement, allotted M.I.G. house No. 218 situate at Mohalla Hanuman Nagar in the town of Patna where the petitioners , who are legal heirs of aforesaid Nawal Kishore Jha, are living. But till date that house has not been formally regularized and registered in favour of the petitioners. Now in view of the changed circumstances the petitioners want that a direction may be issued to the respondents Housing Board to take final decision for allotment of M.I.G. House No. 218 in favour of the petitioners. However, till date no amendment petition has been filed in the present writ petition, and as such, no such relief can be granted in the present proceeding. 3. Accordingly, Mr. Subodh Chandra Jha, learned counsel appearing on behalf of the petitioners seeks permission to withdraw the present writ petition with a liberty to file a fresh writ petition for appropriate reliefs in the changed circumstances, referred to above. Mr. S.K.P. Sinha, learned counsel appearing on behalf of the respondents has no objection. 4. In that view of the matter, the present writ petition is permitted to be withdrawn with a liberty to the petitioners to approach the respondents- Housing Board and its officials to grant appropriate reliefs to the petitioners. If such a representation is filed by the 3 petitioners within a period of one month, the respondents shall be obliged to pass speaking order within a period of three months from the date of filing of such representation. It goes without saying that if the petitioners are not satisfied with the order passed by the respondent- authorities, then they shall be at liberty to approach this Court once again for the reliefs prayed therein. The writ petition stands disposed of. BTiwary/ ( Birendra Prasad Verma, J.)