Letters Patent Appeal No.262 OF 2006 (Against the judgment and order dated 02.03.2006, passed by a learned Single Judge in C.W.J.C.No. 5078 of 2000) ***** Smt. Nirupama Mishra W/O Late Basant Kumar Mishra, Resident of Basant Niwas Barari, P.S.Barari, Distt. Bhagalpur -----Appellant Versus 1. The Bihar State Housing Board, through its Managing Director, Patna. 2. The Estate Officer, Bihar State Housing Board, Patna. 3. The Executive Engineer, Bihar State Housing Board, Barari, Bhagalpur 4. Smt. Panna Dai W/O Dr. Kritiyanand Kumar R/O Putai P.O.Putai, P.S. Manigachhi, Dist. Darbhanga ----(Respondents) With LPA No.265 oF 2006 (Against the judgment and order dated 02.03.2006, passed by a learned Single Judge in C.W.J.C.No. 5079 of 2000) 1. Mahendra Kumar Mishra 2. Amrendra Kumar Mishra. 3. Hemant Kumar Mishra (All sons of late Basant Kumar Mishra, resident of Mohalla- Barari, P.S.Barari, Dist. Bhagalpur ----Appellants Versus 1. The Bihar State Housing Board, through its Managing Director, Patna 2. The Estate Officer, Bihar State Housing Board Patna. 3. The Executive Engineer, Bihar State Housing Board 4. Smt. Panna Dai, W/O Dr. Kritiyanand Kumar R/O Putai P.O.Putai, P.S. Manigachhi, Dist. Darbhanga ------Respondents For the Appellant : Mr. Rajendra Narain, Advocate. For the Respondents : Mr. Lalit Kishore, AAG-III **** P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL *** 2 S.K.Katriar & K.K.Mandal,J.J. The matter was heard at length on 27.04.2010. The parties agreed to make a serious attempt for compromise to dissolve the dispute between the parties, and the tentative terms and conditions were indicated in the order dated 27.04.2010. The same were indicated in the background that we were labouring under the impression that 69 decimals of land in question had not been acquired, and continues to be in the possession of the appellants. 2. Mr. Lalit Kishore, learned Additional Advocate General, has today produced before us the original records to show that 69 decimals of land in question had also been acquired, along with the remaining portion of the land measuring 4.67 acres belonging to respondent no.4 herein. The compensation amount had been paid to the original owner of 69 decimals, and the respondent Board continues to be in possession of the same. 3. In that view of the matter, we approve of the terms and conditions of the compromise indicated in the order dated 27.04.2010, with the only alteration that the respondent Board shall settle four plots of land in the scheme in favour of the four appellants on the terms and conditions as prevalent today. The appeals are accordingly disposed of in terms of the following terms and conditions :- (1) The appellants shall withdraw Title Suit no. 236 of 1993, currently pending in the Court of learned Sub-Judge IV, Bhagalpur, and right, title and interest with respect to 69 decimals of land, appertaining to plot no. 22618, shall hereinafter exclusively belong to the Bihar State Housing Board. (ii) The order dated 15.03.1999 3 (Annexure-1 to the writ proceedings), cancelling allotment of the plots of land in question is hereby recalled. (iii) The plots of land allotted to the appellants as per order dated 14.02.1985 (Annexure-4), shall not be in lieu of acquisition of land, but as a general allottee on such terms and conditions as applicable today . 4. The parties have whole- heartedly agreed to the aforesaid terms and conditions of the compromise. The appellants have placed on record their affidavits to that effect, and Mr. Lalit Kishore subscribes to them on the instructions from the Bihar State Housing Board. It is made clear that the Managing Director of the respondent Board shall ensure registration of the documents conveying title of the plots in favour of the four appellants within a period of three months from the date of deposit of the amounts payable by the appellants. Let notice of demand be served promptly. Patna High Court, Dated the 04th May,2010 Sym/NAFR (S.K.Katriar,J) ( Kishore K. Mandal, J.)