IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16510 of 2009 1. ASHA KUMARI W/O SHAILESH PRASAD SINGH, AT-SAHIT, P.O AND P.S- VIDYAPATINAGAR, DISTT- SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, BIHAR, PATNA 2. THE DEPUTY SECRETARY, URBAN DEVELOPMENT DEPRTMENT, BIHAR, PATNA 3. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, BIHAR, PATNA 4. THE LAND REVENUE OFFICER, BIHAR STATE HOUSING BOARD, BIHAR, PATNA 5. THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD, DARBHANGA DIVISION, DARBHANGA 6. THE ASSISTANT ENGINEER, BIHAR STATE HOUSING BOARD, DARBHANGA DIVISION, DARBHANGA ----------- 3/ 02/12/2010 Heard learned counsel for the petitioner and learned counsel for the Bihar State Housing Board. Despite the writ application having been filed after serving two copies upon the learned counsel for the Housing Board on 25.11.2009, no counter affidavit has been filed by the Board till date. Learned counsel for the Board sought to make submissions from instructions he had received and sought leave to produce a document on behalf of the Board addressed to the petitioner which this Court permits him to do as no useful purpose is going to be served by insisting on a counter affidavit given the reluctance of the Board to file the same. The original relief sought was for possession of Plot No.H/153 made by allotment No.854/Aa dated - 2 - 12.5.2006. A supplemental relief sought is for return of interest for the rest of the sixty monthly installments at the rate of 13.05% as also payment of Rs.92,500 forced to be borne by the petitioner for staying in private rental accommodation due to failure on the part of the respondents to give possession of the lands. Learned counsel submits that under the allotment agreement dated 12.5.2006 between the parties he fulfilled all conditions required of him notwithstanding which possession was not being given. Learned counsel for the Board produces a photo copy of a letter No.182 dated 16.3.2007 addressed to the petitioner for giving possession of Plot No.H/153 and submits that the Board is in a position to give free and vacant possession of the lands. Learned counsel submits that once he has been offered possession on 16.3.2007, he is entitled to appropriate remissions in installments and/or interest under the allotment agreement dated 12.5.2006. The order dated 12.5.2006 is an allotment order and not one for giving possession of the plot which was subject to certain conditions. Which of the parties complied the condition and which of the parties defaulted, is a question of fact. The consequences of default are also to be found in the agreement dated - 3 - 12.5.2006. Likewise, there is no material before this Court to arrive at a finding how, when and in what manner the possession letter dated 16.3.2007 was delivered to the petitioner or not before its production in Court. On that may depend the liabilities under the allotment order dated 12.5.2006. After such liabilities are fixed, the consideration of the claims of the petitioner for refund of interest on amounts paid allegedly due to delayed possession may or may not arise. The writ application is, therefore, disposed with liberty to the petitioner to file an application before the Price Fixation Committee of the Bihar State Housing Board along with a copy of the present order with all supportive materials in respect of his claims under the allotment dated 12.5.2006 and the conditions thereof read in conjunction with the letter of possession dated 16.3.2007 to fix the respective liabilities of the parties. The Price Fixation Committee is expected to dispose of the matter expeditiously preferably within a maximum period of three months from the date of receipt/presentation of a copy of this order. Needless to state that unless and until the Board does not hand over free and vacant possession to the petitioner in pursuance of the possession letter dated 16.3.2007 the liabilities of the Board shall continue. - 4 - To obviate any further controversies, this Court directs in presence of the learned counsel for the parties that free and vacant possession of the land, as offered by the Housing Board, shall be given to the petitioner on the 14th of January, when the Executive Engineer of the Board and the petitioner are directed to remain present on the plot in question for the purpose at 11.00 a.m. Let the Xerox copy of the possession letter dated 16.3.2007 placed during submissions be kept on record and a photo copy of the same be furnished to the counsel for the petitioner by the Court. The writ application stands disposed. KC ( Navin Sinha, J.)