IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1130 of 2019

In

Civil Writ Jurisdiction Case No.18985 of 2013

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1.

The Bihar State Housing Board 6, Sardar Patel Marg, Patna- 800015 through

its Managing Director.

2.

The Managing Director, Bihar State Housing Board, 6, Sardar Patel Marg,

Patna- 800015.

3.

The Revenue Officer, Bihar State Housing Board, 6, Sardar Patel Marg,

Patna- 800015.

4.

The Manager of Estate, Bihar State Housing Board, 6, Sardar Patel Marg,

Patna- 800015.

5.

The Executive Engineer, Bihar State Housing Board, Patna Division-2

patna.

... ... Appellant/s

Versus

1.

Saraswati Roy wife of Late Mathura Nath Roy resident of 6 MF, 1/29,

Bahadurpur Housing Colony, BhoothNath Road, Agamkuan, District- Patna.

2.

Rashmi Sharma daughter of Late Mathura Nath Roy, wife of Manoj Kumar

Sharma resident of 6 MF, 1/29, Bahadurpur Housing Colony, BhoothNath

Road, Agamkuan, District- Patna.

3.

Priya Priyadarshani daughter of Late Mathura Nath Roy, wife of Saday

Kumar Mishra resident of 6 MF, 1/29, Bahadurpur Housing Colony,

BhoothNath Road, Agamkuan, District- Patna.

4.

Nivedita Rani daughter of Mathura Nath Roy, wife of Saroj Kumar resident

of 6 MF, 1/29, Bahadurpur Housing Colony, BhoothNath Road, Agamkuan,

District- Patna.

5.

Prabhat Kumar son of late Mathura Nath Roy resident of 6 MF, 1/29,

Bahadurpur Housing Colony, BhoothNath Road, Agamkuan, District- Patna.

6.

Pranav Kumar son of Late Mathura Nath Roy resident of 6 MF, 1/29,

Bahadurpur Housing Colony, BhoothNath Road, Agamkuan, District- Patna.

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Binita Singh

For the Respondent/s

:

Mr.Sanket

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR

and

HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY)

Patna High Court L.P.A No.1130 of 2019 dt.25-01-2023

2/9

Date : 25-01-2023

The present appeal has been filed by the

appellants, the Bihar State Housing Board and its

authorities, being aggrieved by the order of learned

single judge in CWJC No. 18985/2013 dated

03.05.2019 whereby the learned Single Judge has held

that the respondents shall be liable to make a payment

only of the difference money between the amount fixed

at the time of handing over of possession and the

amount determined in the 181^st meeting between the

parties. The appellants were directed to work out the

difference amount within 60 days of that order.

Brief facts of the case is that Bihar State

Housing Board, appellant No.1, invited applications for

allotment of flats under the retired government servant

quota. Late Shree Nath Roy, father of the original writ

petitioner, Late Mathura Nath Roy applied and was

allotted a flat on 20.10.1984. Late Mathura Roy, after

the death of his father, Shree Nath Roy as well as the

Patna High Court L.P.A No.1130 of 2019 dt.25-01-2023

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death of his mother, applied for substitution in respect

of the above-mentioned properties. The Housing Board

sent a letter to Mathura Roy intimating him that his

name would be substituted provided he is ready to pay

the present price. Being aggrieved by that

communication, Late Mathura Roy filed CWJC No. 3924

of 1996, with a prayer for direction to the Housing

Board to substitute him on the same terms and

conditions as stipulated in original allotment letter dated

20.10.1984. During the pendency of that writ petition,

Revenue Officer of the Housing Board (appellant No. 3)

intimated the original writ petitioner on 08.07.1997 that

ekrarnama would be executed on the same terms and

conditions as per allotment letter dated 20.10.1984.

Thereafter, an agreement was executed between the

Housing Board and Late Mathura Roy on 05.08.1997

and it was registered