IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7470 of 2006 Gopal Chandra Das, son of Late sukhdeo Chandra Dass, resident of Mohalla- L.I.G. Raw House No. L.H. 130 Barari Police Station- Barari, Post Office Bhagalpur, District Bhagalpur .. .. Petitioner Versus 1. Bihar State Housing Board through its Managing Director, Bihar State Housing Board, Patna 2. The Managing Director, Bihar State Housing Board, Patna 3. The Revenue Officer, Bihar State Housing Board, Patna 4. The Executive Engineer, Bihar State Housing Board, Bhagalpur 5. The Additional Secretary, Bihar State Housing Board, Patna ----------- For the Petitioner :Mr. Harshwardhan Sahay, Advocate For the Respondents :M/s Narendra Kumar Mishra & Rajesh Kumar, Advocates 02/ 19.04.2011 Heard learned counsel for the petitioner and the Bihar State Housing Board, Patna (hereinafter referred to as the Board). 2. Petitioner is an allottee of a L.I.G. House No. L.H. -130 in the Barari Housing Colony of the Board at Bhagalpur. He has filed this writ petition questioning the instructions of the Board contained in letter No. 2568 dated 26.5.2006, Annexure-5, whereunder Revenue Officer of the Board directed the petitioner to deposit a further sum of ` 61,261/-, 61,800/- towards the arrears of the said house by 31.5.2006/30.6.2006. 2 3. It is submitted on behalf of the petitioner that the aforesaid direction is wholly uncalled for as petitioner having paid the entire dues towards the aforesaid house, requested the Managing Director of the Board under representation Annexure-2 to inform him about the arrears of the aforesaid house which is required to be paid by him. In response whereto notice, bearing No. 428 dated 6.9.1994, Annexure-3 was issued calling upon the petitioner to deposit a sum of ` 800/-, which was also deposited under money receipt, bearing Book No. 327, No. 94 dated 7.3.1995, Annexure-4. It is further submitted, with reference to the aforesaid representation and money receipt, that the entire amount due towards the aforesaid house has already been deposited and petitioner is not required to deposit any amount and the instructions contained in the impugned order dated 26.5.2006, Annexure-5 be quashed. 4. While making aforesaid submission, counsel for the petitioner conceded that if any amount towards the price of the said house is due 3 on account of the escalation clause in the hire purchase agreement the petitioner has no objection to pay such amount, but interest over the same could not be levied on the said amount as the authorities have not asked the petitioner to pay such amount in spite of repeated request by the petitioner to the authorities to disclose such amount. 5. Having heard counsel for the parties, I set aside the instructions of the Board contained in letter No. 2568 dated 26.5.2006, Annexure-5 and direct the Revenue Officer of the Board to furnish a fresh demand to the petitioner containing only the arrears of the cost price without charging any interest over the same for the period between 6.9.1994 till the date of demand payment made by the Board with direction to the petitioner to pay the arrears within two weeks of the receipt of the demand. 6. Necessary compliance of this order be made by the Revenue Officer of the Board as early as possible in any case within two months from the date of receipt/ production of a copy of this order 4 before him. No sooner the arrears of the cost price towards the flat in question is paid by the petitioner, the authorities of the Board shall take steps for execution of the final transfer deed in favour of the petitioner, which must be completed within another two months from the date of payment made by the petitioner. Arjun/ ( V. N. Sinha, J.)