Patna High Court
Mostt. Shila DeviversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was dismissed as withdrawn.
Summary
Petitioner Shila Devi filed a writ petition seeking a certiorari to set aside a letter dated 21-12-2020 that demanded a deposit of Rs.44,10,555 for the allotment of plot No. RC‑A/36, and a mandamus directing the Bihar State Housing Board to allot the plot as per a purchase agreement dated 09-12-1997. The petition also alleged that the Board had previously accepted a partial payment of Rs.1,78,000 and had failed to execute the allotment, instead demanding a larger sum. The petitioner later moved for withdrawal of the petition. The Court, after hearing, granted permission for withdrawal. Consequently, the writ petition was dismissed as withdrawn.
Issues considered
- Whether the letter dated 21‑12‑2020 directing the petitioner to deposit Rs.44,10,555 is illegal and should be set aside by certiorari.
- Whether the Bihar State Housing Board should be compelled by mandamus to allot plot No. RC‑A/36 to the petitioner under the 1997 purchase agreement.
Subjects
- writ jurisdiction
- certiorari
- mandamus
- housing board
- plot allotment
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4645 of 2021
======================================================
Mostt. Shila Devi W/o Late Brajendra Kumar Resident of New Colony,
Brahmpura, P.S.-Brahmpura, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar Housing Board through its Managing Director, Bihar,
Patna.
2. The Managing Director, Bihar State Housing Board, Bihar, Patna.
3. The Estate Officer, Bihar State Housing Board, Bihar, Patna.
4. The Revenue officer, Bihar State Housing Board, Bihar, Patna.
5. The Executive Engineer, Bihar State Housing Board, Division No.-1, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, ADvocate
For the Respondent/s : Mr. Lalit Kishore ( Ag )
Mr. Shashi Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 22-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“i) To issue a writ of certiorari, setting
aside the letter dated 21.12.2020 contained in
letter No.4358 issued under the signature of
Respondent No.4, the Revenue Officer, Bihar State
Housing Board, Patna, whereby and where-under
petitioner has illegally been directed to deposit
Rs.44,10,555/- in the A/C of Respondent Board till
last date of 31.12.2020 and submit the deposit slip
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for taking further action with respect to allotment
of plot No. RC-A/36 in favour of petitioner.
ii) To issue a writ of mandamus
commanding and directing the Respondent
authority concerned to allot the Plot No.RC-A/36
in favour of petitioner as per higher purchase
agreement No.8004/7248 dated 09.12.1997 under
which petitioner has been awarded the plot in
question at the sum of Rs.2,75,000/-, out of which
petitioner has already been deposited Rs.1,78,000/-
uptill 28.11.2005 and thereafter consistently
approaching the Respondent Board for execution
of plot in question in her favour after receiving the
remaining amount, but the Respondent authority
did not take any step and suddenly issued the
aforesaid impugned letter demanding a huge
amount from the petitioner for execution of the plot
in question in her favour.
iii) And/or for any other relief/reliefs for
which the petitioner is found entitled, in the facts
and circumstances of this case.”
3. A prayer for withdrawal has been made by the
Patna High Court CWJC No.4645 of 2021(3) dt.22-01-2026
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learned counsel for the petitioner.
4. Permission accorded.
5. Accordingly, the writ petition stands dismissed as
withdrawn.
(Rajiv Roy, J)
Adnan/-
U
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