IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14709 of 2001 ANITA SINHA Versus M.D.,BIHAR STATE HOUSING BOARD ----------- 6. 8.4.2009 No one appears for the petitioner. Mr. Anil Kumar Sinha, learned counsel for the Housing Board is present. This writ application was filed by the petitioner for the following relief: “(a) To direct the respondents to execute an agreement with the petitioner for the allotment of Flat No.3, S.F.B 1/10 under Self Financing Scheme issued vide allotment order no. 4183 dated 19.9.1994 and pursuant to that possession of the flat in question may be delivered to the petitioner failing which the total amount of Rs. 2,51,000/- approximate with 18% interest may be refunded to the petitioner. (b) The direction given by the Revenue Officer respondent no.3 to the petitioner for depositing Rs. 1,21,366/- upto 31.10.2001 may be waived because the flat in question has not been finally constructed which are the laches on the part of the housing Board that is why the petitioner is only liable to deposit Rs. 18,000/- which was left to be deposited out of final 2 estimated cost. (c) That the enhanced amount by the Housing Board vide Annexure 3 may be waived because the allotment order could be received by the petitioner because the original allotment order was sent in wrong address. (d) To grant such other relief or reliefs as your Lordships may deem fit and proper in the facts and circumstances of this case. The respondents Housing Board in relation to the aforementioned prayer has filed counter affidavit wherein they have taken the following stand: “3. That in this regard it is respectfully stated that the construction of the flat has been completed except the work pertaining to the internal plaster, flooring, sanitary fittings in the bathroom and water supply. The total cost of these remaining works was assessed at Rs. 12,919/- by the office of the Executive Engineer of the Housing Board. This amount of Rs. 12,919/- has been adjusted and deducted from the amount demanded by the Board towards the outstanding dues to be paid by the Allottee/ petitioner. After 3 deducting/ adjusting this amount, the outstanding dues to be paid by the petitioner to the Board comes to Rs. 1,21,366/- as on 31.10.2001 and the same has been duly communicated to the petitioner vide Board’s letter No. 4070 dated 29.8.2001. 4. That it is further relevant to state here that the petitioner vide his letter dated 14.8.1999 had requested the Board to handover the possession of the flat in question to her on “as is where is” basis. The Board is ready to hand over the possession of the flat in question on “as is where is” basis provided that the outstanding dues is paid by the petitioner. 5. That it is respectfully stated by the answering respondents that the Board is ready and willing to give possession of the flat within a period of one week provided that the petitioner completes all the procedural formalities in this regard and enters into the hire- purchase agreement with the Board after paying all the outstanding dues to the Board.” In view of the aforementioned stand as a matter of fact this Court by an order dated 16.5.2008 had given an indulgence to 4 the counsel for the petitioner to take instruction but, as noticed above, the counsel for the petitioner is not present. In that view of the matter, this application is disposed of with a liberty to the petitioner to claim the occupation of the house after fulfilling the requisite conditions as enumerated above in the counter affidavit and also after depositing the amount. It goes without saying that such offer will not remain open for the petitioner and if he does not comply the aforementioned requirement and also depositing of the amount within a period of six months from today, the offer given to the petitioner shall automatically stand cancelled. (Mihir Kumar Jha,J.) Surendra.