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2022 Supreme(Pat) 727

ASHUTOSH KUMAR, JITENDRA KUMAR
Bihar State Housing Board – Appellant
Versus
Sanjay Kumar Rai – Respondent


Advocates:
For the Appellants : Ms. Binita Singh.
For the Respondents: M/s Shravan Kumar, Sr. Adv., Dinesh Maharaj.

Ashutosh Kumar, J.—Heard Ms. Binita Singh, the learned Advocate for the appellant /the Bihar State Housing Board and Mr. Shravan Kumar, the learned senior Advocate for the respondents.

2. The appellant/Housing Board has challenged the judgment and order of the learned Single Judge dated 27.08.2019 passed in C.W.J.C 14831 of 2014, whereby the demand notice of Rs. 66,76,499/- to be paid by the respondent as unearned increase before transferring the said property in favour of the third party has been quashed on two grounds namely the delay in responding to the request of the respondent in granting permission for the ultimate transfer of the property and that the decision was an administrative decision which was not backed by any resolution of the Housing Board, which alone was entitled to charge unearned increase from the allottees.

3. This Court vide order dated 29.06.2022, while hearing the appeal by the Board had asked the counsel for the appellant/Housing Board to bring on record the circle rate which had been relied upon for calculating the quantum of money which the settlee would be required to pay before grant of permission to sell the property and whether any decision of the Boa

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