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2011 Supreme(Pat) 2204

VIKASH JAIN
Umesh Chandra Verma Sio Krishna Chandra Verma – Appellant
Versus
Bihar State Housing Board – Respondent


Advocates:
Advocate Appeared
For the Petitioner: Mr. Gyanand Roy.
For the Respondents: Smt. Nilu Agrawal.

Judgment

(Per: Hon'ble Mr. Justice Vikash Jain)

The present writ petition has been filed with a prayer for refund of Rs. 15,000/alongwith compound interest @ 16% to the petitioner, the amount having been deposited as earnest money for allotment of a house under M.I.G. Scheme on Hire Purchase basis at Indira Nagar, Purnea. The short facts giving rise to the present petition may be summarized hereunder.

2. It appears that the Bihar State Housing Board (hereinafter referred to as the "Board") issued an advertisement on 19.7.1989, pursuant to which the petitioner made an application for allotment of a house and also deposited a sum of Rs.15,000/- towards earnest money on 15.8.1989 as required in terms of the said advertisement. The application was lodged with the respondent Board on 23.8.1989.

3. It further appears that in due course by letter dated 29.1.1994 (Annexure-3), the Board issued a letter of allotment stating that pursuant to a lottery conducted on 27.12.1993, the petitioner was allotted house no. P.M.R.-12 in the residential colony of Indira Nagar, Purnea. The probable cost of the house was stated to be Rs. 1,82,280/- subject to redetermination upon revaluation. As against this,






















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