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Patna High Court

Nilam DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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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