IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10440 of 2000 JAGDISH MOCHI Versus THE CHAIRMAN, BIHAR STATE HOUSING BOARD ----------- 4 19.01.2009 Heard counsel for the petitioner and counsel for the Bihar State Housing Board. Reference may be made to the earlier order of this Court dated 16.05.2008 which reads as follows:- “The petitioner was allotted a plot measuring 206’ x 68’, a photocopy whereof is appended at page 24 of the brief, in January, 1992. He made certain payments also. Thereafter physical possession of the plot was never given to him for which he kept filing representations. Now the stand of the Board is that the plots are no more available, but the Board was willing to consider for any alternative plots. Learned counsel for the petitioner submits that he is not averse to consider the acceptance of a similar plot in any locality in the limits of the Patna Municipal area. Learned counsel for the Board prays for adjournment to enable the Board to examine this aspect of the matter even while raising objections with regard to the aspect of delay. - 2 - Put up in the last week of July, 2008.” Normally, in compliance of the said order, it was expected that the respondent-Housing Board will take immediate steps but then such expectations are always to be belied because the Housing Board is never interested in serving the people. Here a person i.e. the petitioner is waiting for more than 16 years for allotment of a plot for which he had also made payment and when this allotment came to be made in the year, 2002, in pursuance of the application filed in the year 1988 that was only found to be paper transaction in absence of effective allotment followed by delivery of possession. Today, Mrs. Nilu Agrawal appearing on behalf of the Board would submit that as a matter of fact 21 plots have been identified and are available and the petitioner can get any one of them if he agrees to give his option for the same. The difficulty however is that the petitioner is wholly unaware of such offer much less size shape and nature of all those 21 plots because the Respondent has never conveyed such proposal to the petitioner. Mrs. Agrawal, however, has produced before this Court the letters dated 30.6.2008 and 25.8.2008 of the Board, which have been kept on record and show that there are 21 plots in all from which the petitioner can make his selection. As a matter of fact, the respondent–Board should have - 3 - intimated the petitioner about these 21 plots in writing specially when an order was also passed by this Court on 16.5.2008 expressing its concern about the non-allotment of plot to the petitioner. This Court, therefore, would direct the Managing Director of the Housing Board to give an offer to the petitioner within a period of one month from the date of receipt/production of a copy of the order in which the number, seize and detail of all 21 plots will be given and the petitioner will also be communicated that these 21 plots are without any encumbrance and the possession of any one of them can be given to the petitioner. In the event, such an offer given to the petitioner, the petitioner must submit his option in next 15 days and on fulfillment of the terms and conditions by the petitioner as per the letter of offer and other earlier terms and conditions, the Housing Board will ensure not only delivery of possession of one of the plots selected by the petitioner but also complete all its formalities with regard to execution of registered of document of allotted plot within a period of two months from the date of submission of acceptance of the offer by the petitioner. With the aforementioned observations and directions this Writ application is disposed of. Bibhash (Mihir Kumar Jha, J.) - 4 -