Patna High Court
Vikas ShankarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
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
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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
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period of 4 weeks from the date of this order.
(Vikash Kumar, J)
Ashwin/-
U
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