Patna High Court
Harishankar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court ordered the petitioner to appear before the Housing Board and directed the Board to complete the formalities and grant possession of plot C‑199 within a stipulated period, thereby disposing of the writ.
Summary
Harishankar Prasad filed a writ petition seeking to set aside a letter dated 03.03.2025 that purportedly cancelled the allotment of plot C‑199 (1,548 sq. ft.) originally made to his father in 1975, and to obtain possession of the plot. He also requested a restraining order against the Bihar State Housing Board from allocating the land to any other person. The Board contended that the petitioner had been directed to appear for necessary formalities but had not done so. The Court noted the Board's position and directed the petitioner to appear before the Secretary of the Bihar State Housing Board within two weeks, after which the authorities must complete all formalities and hand over possession within four weeks. The writ application was consequently disposed of with these directions.
Issues considered
- What is the legality of the cancellation of the plot allotment by the letter dated 03.03.2025?
- Whether the petitioner is entitled to immediate possession of plot C‑199 pending completion of formalities?
- Whether the court can restrain the Housing Board from allocating the land to any other person during the pendency of the petition?
Subjects
- housing allotment
- possession
- cancellation of allotment
- writ jurisdiction
- administrative law
- Bihar State Housing Board
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5124 of 2025
======================================================
Harishankar Prasad Son of Late Jawahar Lal residence of Mohalla-
Daulatganj, P.O. - Chapra Police - Station- Bhagwan Bazar, District- Saran at
Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar Patna.
2. The Commissioner Saran at Chapra.
3. The Collector Saran at Chapra.
4. The Superintendent of Police Saran at Chapra.
5. The Assistant Superintendent of Police-Cum-Sub divisional Police Officer
Saran at Chapra.
6. The Subdivision Magistrate, Sadar, Chapra.
7. The Police Inspector-cum-Station Head Officer Chapra Mufasil District -
Saran at Chapra.
8. The Circle Officer, Sadar Chapra at Saran.
9. The Secretary, Bihar State Housing Board Sardar Patel Marg Patna.
10. The Managing Director Bihar State Housing Board Sardar, Patel Marg
Patna.
11. The Land-Acquired Officer Bihar State Housing Board Sardar Patel Marg
Patna.
12. The Chief Engineer, Bihar State Housing Board, Muzaffarpur.
13. The Superintending Engineer, Bihar State Housing Board, Muzaffarpur.
14. The Executive Enigneer, Bihar State Housing Board, Muzaffarpur.
15. The Assistant Engineer, Bihar State Housing Board, Subdivision Office
Chapra, Saran.
16. The Junior Engineer, Bihar State Housing Board, Subdivision Office
Chapra, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Prasad Yadav
For the Respondent/s : Government Pleader (3)
Mr. Pawan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The instant writ application has been filed for the
Patna High Court CWJC No.5124 of 2025(3) dt.06-04-2026
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following reliefs:-
(i) For directing the respondent authorities for
quashing letter no.-2/bhu.A.- 10372/74- 846 issued
dated 03.03.2025 by which it has been most
arbitrary and quite malafidely held that the
allotment of plot no. C-199 area 1548 square
varagfeet in the name of his father in the year 1975
has been automatically cancelled. So the petitioner
has been directed to file fresh application for
allotment of the aforesaid plot.
(ii) For directing the respondent authorities to
hand over the possession of bearing plot no. C-
199 area 1548 Square varagfeet at Bihar State
Housing Board Colony, Prabhunath Nagar
Chapra, which was allotted in favour of the
petitioner’s father and after his death the
petitioner has inferited by the authorities.
(iii) For restraining to the respondents Housing
Board to settle/ induct any other person in the one
piece of land in question bearing Plot No.C-199
area 1548 square varagfeet at Bihar State Housing
Board Colony, Prabhunath Nagar, Chapra during
pendency of the writ application.
(iv) For any other relief for which the petitioner is
found entitled in the facts and circumstances of the
case.
3. Learned counsel appearing for the Bihar State
Housing Board, by referring to Annexure-P/7 of the writ
application, submits that, for carrying out necessary formalities,
the petitioner has already been directed to appear before the
authorities, but for no prudent reason, till date such formalities
have not taken place.
Patna High Court CWJC No.5124 of 2025(3) dt.06-04-2026
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4. In view of the stand so taken by the Bihar State
Housing Board, the petitioner submits that he would be
appearing before the authorities as directed vide notice dated
14.01.2025, and on his appearance, the authorities may be
directed to complete the formalities for ensuring actual
possession of the plot bearing Plot No. C-199, area 1548 square
varagfeet, at Bihar State Housing Board Colony, Prabhunath
Nagar, Chapra, which is indicated in the notice dated
14.01.2025.
5. Considering the aforesaid, the petitioner is directed
to appear before respondent no. 9 within a period of two weeks
from today, and on his appearance, the entire formalities shall be
completed, for which the necessary order shall be passed for
putting this petitioner in possession of the plot in question,
within a further period of four weeks, in accordance with law.
6. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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