IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12376 of 2007 KRISHNA MURARI PD. SINGH & ORS Versus THE STATE OF BIHAR & ANR. ----------- For the Petitioners : Mr. Basant Kumar Choudhary, Senior Advocate Mr. Anil Kumar Singh, Advocate For Respondent No.1 : Mr. Rajiv Kumar Singh, Junior Counsel to Government Advocate-VI For Respondent No.2 : Mr. Rajiv Nayan Singh, Advocate Mr. Sanjay Kumar Singh, Advocate ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------- Dated, the 2nd September, 2008. In this writ petition, filed by means of public interest litigation, a prayer has been made for a direction to the Bihar State Housing Board, Patna to cancel the allotment of plots in Sector 6H, Bahadurpur Housing Colony over which the houses have not been constructed within the period stipulated in the hire purchase agreement. The counsel for the petitioners has also prayed for direction to the Housing Board for making arrangement for drainage of stagnant water from vacant plots of Bahadurpur Housing Colony. 2. A counter affidavit has been filed by the Housing Board through its Estate Officer. That there are diverse plots in Bahadurpur Housing Colony (Sector 6H) on which constructions have - 2 - not been made is not disputed. That the Housing Board is contemplating to cancel such allotments in terms of provisions contained in Clause 19(a) of the hire-purchase agreement is also asserted in the counter affidavit. It is also an admitted position that the action has become necessary because the allottees were required to start construction within two years from the date of delivery of possession and complete construction up to the ground floor is required to be done within a further period of three years. It is stated in the counter affidavit that a general notice dated 14th March, 2008 has been published in Dainik Jagran, contemplating action under Clauses 13 and 19(a) of the hire-purchase agreement. However, the progress after the publication of notice has not been indicated in the counter affidavit. The counsel for the Housing Board, however, assures us that now within six months from today the action against the defaulters shall be completed. 3. As regards water logging in the vacant plots, the counsel for the Housing Board submits that now the area has been handed over to the Patna Municipal Corporation. 4. In view of the counter affidavit field by the Housing Board and the assurance given by the counsel, we are satisfied that the writ petition may be disposed of by the following order: - The respondent no.2 shall ensure that pursuant to the general notice dated 14th March, 2008, the action against the - 3 - defaulting allottees, who have not constructed houses within the time provided in clause 13 of the hire-purchase agreement, is completed in exercise of the power under Clause 19(a) within six months from today. 5. Writ petition stands disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-