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2009 Supreme(Pat) 521

MIHIR KUMAR JHA
Satya Marandi – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard counsel for the petitioner and the counsel for the Housing Board.

2. In this writ application initially the petitioner had made a prayer to the following relief:

"I. To command the respondents to allot an LIG house at Patna which was allotted to the petitioner through lottery conducted on 29.7.1991 and subsequently changed on the request of the petitioner and fresh flat 17/1599 situate at Hanuman Nagar was allotted to the petitioner in ST category.

II. To command and direct the respondents to give physical possession of the flat after allotment with immediate effect on the price prevailing on the date of lottery.

III. To further command the respondents to execute higher purchase agreement and give physical possession as per specification given in broucher as well as in advertisement.

IV. To pass any other order or orders to which the petitioner entitled for."

3. Mr. Abhimanyu Sharma, however, on day before Yesterday had while mentioning this case for upgrading had submitted that in changed circumstances when the petitioner has become a Cancer patient she is no longer capable or interested in getting the allotment of a LIG house for which this writ application was






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