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2002 Supreme(SC) 287

ASHOK BHAN, V.N.KHARE
Hema Devi – Appellant
Versus
State Of Bihar – Respondent


ORDER

The Patna Regional Development Authority (in short the P.R.D.A.) resolved to lease out cinema plot no. 156 measuring 100 -6" x 140 -6" situate in Maurya Lok Complex on the Dak Bunglow Road in Patna town through a public auction.

2. The auction was held on 17th March, 1981. In the said auction, the husband of appellant No.1 offered a bid for Rs.48,25,000/-. The aforesaid bid being highest, was accepted by the P.R.D.A. Consequently, the husband of appellant deposited 25% of the bid amount, namely, Rs. 12,06,250/-. Subsequently, it was found that on the said plot of land, no cinema hall building could be constructed under the building regulations framed by the authority. Under such circumstances, husband of appellant No. 1 requested the P.R.D.A. either to refund the money or give an alternative plot where cinema building could be constructed. The P.R.D.A. offered an alternative plot nos. 154-156 on lease for construction of the cinema building. However, on the intervention of the state government, lease of land executed in favour of the appellant s husband could not be given effect to. It is under such circumstances the appellants filed a petition under Article 226 before the Patn







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