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Patna High Court

Vikas ShankarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Bihar State Housing Board must consider the petitioner’s representation and issue an appropriate allotment order within four weeks.

Summary

Petitioner Vikas Shankar filed a writ petition seeking a mandamus directing the Bihar State Housing Board to allot vacant Plot No. 2H/46 in Bahadurpur, Patna, in place of Plot No. 8H/218 that had been allotted to his late father, and to hand over possession of the land. He claimed that a representation dated 12‑12‑2024 filed with the Managing Director of the Board had not been considered. The Board, through its counter‑affidavit, admitted that no consideration had been given to the petitioner’s representation. The Court examined the grievance and found that the Board had a statutory duty to consider representations before making allotments. Accordingly, the Court disposed of the writ by directing the Managing Director to consider the representation and pass an appropriate order within four weeks. No substantive question of law beyond the Board’s duty to act on pending representations was raised.

Issues considered

  • What duty does the Bihar State Housing Board have to consider a representation filed by an aggrieved applicant before making a land allotment?
  • Whether a writ of mandamus can be issued to compel the Board to allot a specific plot and hand over possession.

Subjects

  • writ of mandamus
  • land allotment
  • housing board
  • administrative duty
  • representation
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.1607 of 2025
                 ======================================================
                 Vikas Shankar S/o- Late Arbind Shankar @ Arvind Shankar Resident of
                 House No.- 18, Flat No. B- 2, Block- D, Krishna Kunj, Near MCD School,
                 Bagdola Dwarka Sector- 8, South West Delhi, 110077.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Urban Development and
                 Housing Department, Government of Bihar, Patna.
           2.    The Bihar State Housing Board, through its Chairman, 6 Sardar Patel Marg,
                 Patna.
           3.    The Managing Director, Bihar State Housing Board, through its Chairman, 6
                 Sardar Patel Marg, Patna.
           4.    The Secretary, Bihar State Housing Board, through its Chairman, 6 Sardar
                 Patel Marg, Patna.
           5.    The Estate Officer, Bihar State Housing Board, Patna, Division- 3,
                 Bahadurpur Housing Colony, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s  :       Mr. Jai Prakash Verma, Adv.
                 For the Housing Board :       Mr. Standing Counsel (21)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
                                       ORAL ORDER

2   06-07-2026                  Heard Mr. J.P.Verma, learned counsel for the

                   petitioner and Mr. Binod Kumar, learned advocate appearing

                   for Bihar State Housing Board.

                              2. The petitioner in the present writ application has

                   prayed    for the issuance         of    an appropriate writ/writs,

                   order/orders, direction/directions in the nature of mandamus for

                   commanding and directing to the concerned respondents to allot

                   vacant Plot No. 2H/46 at Bahadurpur, Patna in lieu of allotment

                   of Plot no. 8H/218 at Digha which was allotted to the father of
Patna High Court CWJC No.1607 of 2025(2) dt.06-07-2026
                                            2/3




          the petitioner namely Late Arbind Shankar by the Bihar State

          Housing Board, Patna. Further a writ in the nature of mandamus

          may issue commanding and directing to the respondent

          concerned to hand over the possession of a Plot/piece of land to

          the petitioner in Bahadurpur Area in H.I.G. category. And for

          the other necessary relief/reliefs for which the petitioner is

          entitled to in accordance with law.

                      3. At the outset, learned counsel for the petitioner

          submitted that for redressal of his grievance, he has filed a

          representation on 12.12.2024, before the Managing Director-

          Bihar State Housing Board, but the same has not been

          considered as yet.

                      4. The respondent/ Bihar State Housing Board has

          filed a counter-affidavit bringing on record for its consideration

          in case of other allottees and on being confronted, the counsels

          appearing on behalf of the respondent Board has admitted that

          no consideration has been made in case of petitioner.

                      5. Accordingly, the present writ application is

          disposed of with direction to the respondent no. 3            i.e.,

          Managing Director of the respondent Board to pass appropriate

          order in accordance with law after due consideration of

          representation dated 12.12.2024, which is on record, within a
           Patna High Court CWJC No.1607 of 2025(2) dt.06-07-2026
                                                       3/3




                     period of 4 weeks from the date of this order.



                                                (Vikash Kumar, J)
Ashwin/-

U


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