Patna High Court
Nilam DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- VIKASH KUMAR
Holding
The Court held that the Managing Director of the Bihar State Housing Board must decide the representation and pass an appropriate order within four weeks.
Summary
Nilam Devi filed a writ petition seeking a mandamus directing the Bihar State Housing Board to allot a vacant plot in Bahadurpur in lieu of a plot that had been allotted to her late father. She claimed that she had submitted a representation to the Managing Director of the Board on 3 January 2025, but no decision had been communicated. The Board admitted that no decision had been taken on the representation. The petitioners argued that the Board’s inaction violated its statutory duty to consider applications for land allotment. The Court examined whether the Board could be compelled by a writ of mandamus to decide the representation and order the allotment. It directed the Managing Director to pass an appropriate order on the representation within four weeks of the order. No other reliefs were granted.
Issues considered
- Whether the Bihar State Housing Board can be compelled by a writ of mandamus to decide the petitioner’s representation and allot a vacant plot in lieu of the one allotted to her father
Subjects
- mandamus
- housing allotment
- state housing board
- administrative law
- writ jurisdiction
- representation
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1819 of 2025
======================================================
Nilam Devi W/o- Sri Ajit Kumar R/o- Chiraiyatand Prithvipur, Gali No.- 1,
P.S.- Kankarbagh, Distt.- Patna.
... ... 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, Advocate
For Bihar State of : Dr. Alok Kumar Sinha, Advocate
Housing Board, Patna
For the State : Mr. Anil Kumar Sinha, G.P- 26
======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR
ORAL ORDER
2 06-07-2026 Heard Mr. Jai Prakash Verma, learned counsel for
the petitioner, Dr. Alok Kumar Sinha, Advocate for the Bihar
State of Housing Board, Patna and Mr. Anil Kumar Singh
learned GP- 26 on behalf of the State.
2. In the present writ application the petitioner has
prayed for 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. 1L/16 at Bahadurpur, Patna in lieu of allotment of Patna
Patna High Court CWJC No.1819 of 2025(2) dt.06-07-2026
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Plot no. 2L/242 at Digha, Patna which was allotted to the father
of the petitioner namely Late Narain Yadav 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 L.I.G. category. And for the
other necessary relief/reliefs for which the petitioner is entitled
to in accordance with law.
3. In the present writ application petitioner mainly
contends that she has filed a representation before respondent
no. 3 i.e. the Managing Director, Bihar State Housing Board for
redressal of her grievance. From perusal of record it appears
that the office of the respondent Board has received the
representation on 03.01.2025, but till date no decision has been
communicated to her.
4. A counter affidavit filed on behalf of the respondent
Bihar State Housing Board is on record, wherein consideration
of other allottees has been furnished by way of Annexure -R/A
series. On confronted, it is admitted position that no decision
has been taken by the concerned respondent no. 3 on the
representation filed by the petitioner.
5. Accordingly, the present writ application is
Patna High Court CWJC No.1819 of 2025(2) dt.06-07-2026
3/3
disposed of with a direction to respondent no. 3 to pass
appropriate order on the representation filed by the petitioner in
accordance of law, within a period of four weeks from the date
of this order.
(Vikash Kumar, J)
sweta/-
U
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