A.N.Trivedi, J.

1. The case of the petitioner is that an advertisement was issued by the Bihar State Housing Board (hereinafter referred to as the Board) for allotment of L.I.G. flats in response to which the petitioner made an application dated 21.31985 and after completing all the necessary formalities deposited a sum of Rs. 5,000.00 as earnest money. It is alleged that constructions of flats had already been completed and were ready for allotment. A draw of lots was held on 20.8.1987 and 21.8.1987 and the petitioner was allotted L.I.G. Flat No. R-146 and the Respondents unnecessarily delayed the issuance of formal letters and it was by a letter dated 6.4.1990 (Annexure-1) that L.I.G. Flat No. R-146 was allotted to the petitioner on payment of Rs. 79,400.00 (Approximately) and accordingly the petitioner deposited a sum. of Rs. 11,080.00 on 7.5.1990. Since the petitioner did not want L.I.G. Flat No. R-146, he made an application dated 4.9.1990 (Annexure-2) for allotment of L.I.G. Flat No. R-40 which was under consideration of the Board.

2. However, a writ petition was filed as Public Interest Litigation which was registered as C.W.J.C. No. 1779 of 1989(R) praying for issua