IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.9181 of 1991 =========================================================== Nishit Kumar Bose, son of Late Ram Mohan Bose, Tapan Printing Press, Machhuatoli, Patna-800 004. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Bihar State Housing Board, through its Managing Director, Bihar State Housing Board Office, Patna-800 015 3. Manager Estate-cum-Additional Secretary, Bihar State Housing Board, Patna-800 015 .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. Mahendra Prasad Gupta, Advocate For the Respondent/s : Mr. Lalit Kishore, AAG-2 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT 23rd June 2011 (Per: HONOURABLE THE CHIEF JUSTICE) None of the learned Advocates representing the parties is present before us. This petition under Article 226 of the Constitution is filed by the petitioner against the Bihar State Housing Board (hereinafter referred to as “the Board”) for not allotting a plot of land admeasuring 3600 sq. ft. in the housing project at Bahadurpur area of Patna town. It is the case of the petitioner that pursuant to the advertisement published by the Board on 8th October 1978, the petitioner had applied for allotment of a plot of land in the higher income group in Bahadurpur housing project. He paid registration fee of Rs. 50/- and earnest money of Rs.5,000/- on 15th January 1979. After waiting for about 12 years, under letter dated 4th September 1991, he was allotted plot no.5H/20 admeasuring 1875 sq. ft. at Digha housing project, Patna High Court CWJC No.9181 of 1991 dt.23-06-2011 2 Patna. Petitioner claims that he had applied for allotment of land admeasuring 3600 sq.ft. in Bahadurpur housing project. The offer of plot of land admeasuring 1875 sq. ft. in Digha housing project at an exorbitant price is illegal. The Board should not be allowed to dispose of the land for the price higher than to recover the cost of acquisition and the development. We are of the opinion that by mere application for allotment of land and payment of registration charges and deposit of Earnest Money, the petitioner did not acquire a vested right to allotment of land in the housing project. It is known to one and all that the land available for housing project is limited. The applicants are one too many. It cannot be possible for the Board to allot a piece of land to every applicant. Hence the petitioner’s claim for allotment of land pursuant to his application as a matter of right is required to be rejected. Even after more than 30 years the Board has not been able to allot the land to the petitioner in Bahadurpur housing project; nor the petitioner has been refunded of the Earnest Money deposited by him as early on 15th January 1979. Only relief that can be granted to the petitioner is that the petitioner may approach the Board for refund of the Earnest Money Deposit made by him. If such application is made the Board will refund the amount of Earnest Money Deposit with statutory interest within 15 days from the date of the receipt of the application. As to the allotment of land at Digha housing project, it may be noted that it is not the case of the petitioner that he has paid land disposal price as indicated in the letter of offer dated 4th September 1991. Neither the petitioner has disclosed whether or not he accepted the aforesaid offer; whether or not he paid the land price determined by the Board; whether or not the Board handed over the vacant possession of land allotted to the petitioner. In absence of relevant pleadings made Patna High Court CWJC No.9181 of 1991 dt.23-06-2011 3 by the petitioner, we need not delve into the question whether or not the sale price determined by the Board was appropriate. For the aforesaid reasons, subject to the above directions, the petition stands disposed of. The parties will bear their own cost. The registry will send the writ forthwith. Rahman/ ( R.M. Doshit, CJ ) (Birendra Prasad Verma, J.) Patna High Court CWJC No.9181 of 1991 dt.23-06-2011 4