Research › Search › Judgment

Patna High Court · body

2015 DAILYLAW 1561 (PAT)

Usha Sinha v. The Chairman Cum Managing Director Sri .d.k.shukla Bihar State Housing Board and Ors

MJC/2479/2015 · 2026-07-09

Transfer Petitionbody2015

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2479 of 2015 In Civil Writ Jurisdiction Case No.15480 of 2012 ====================================================== Usha Sinha daughter of late Lakshmi Singh, resident of Village- Bajitpur, P.O. Chiksora, P.S. Hilsa, District- Nalanda. ... ... Petitioner/s Versus 1. The Chairman Cum Managing Director Sri .d.k.shukla Bihar State Housing Board. 2. The Chief Engineer, Sri Heera Lal, Bihar State Housing Board, Mangle's Road, Patna. 3. Superintending Engineer, Sri Prabhunath Choudhary, Bihar State Housing Board, Mangle's Road, Patna. 4. Executive Engineer, Sanjay Kumar, Bihar State Housing Board, Mangle's Road, Patna. 5. Estate Officer, Sri Mahendra Prasad Singh, Bihar State Housing Board, Mangles Road, Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Sinha, Advocate For the Board : Mrs. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 4 09-07-2026 Heard the parties. 2. The present petition has been preferred for the following relief(s): “to initiate the contempt proceeding against the opposite parties who have willfully and deliberately violated the order dated 17.07.2015 in CWJC No. 15480 of 2012.” 3. Mrs. Binita Singh, learned counsel representing the Patna High Court MJC No.2479 of 2015(4) dt.09-07-2026 2/4 Bihar State Housing Board (for brevity, ‘the Board’) has provided the order dated 30.01.2025 passed by the Coordinate Bench [HMJ Nawneet Kumar (as his lordship then was)] in Civil Review No. 337 of 2016 wherein ‘the Board’ was directed to refund the entire amount alongwith statutory 8% interest within a period of two months. 4. The short order dated 30.01.2025 read as follows: “Heard learned Counsel for the petitioner and learned Counsel for the opposite party. 2. The present petition has been filed for review of the order dated 17.07.2015 passed in C.W.J.C. No. 15480 of 2012. 3. The sole opposite party (the writ petitioner) in C.W.J.C. No. 15480 of 2012 is ready to receive the amount paid by her to the Housing Board and if the amount is refunded to her, she is not inclined to pursue with the order dated 17.07.2015 in C.W.J.C. No. 15480 of 2012. 4. Learned Counsel for the Housing Board (the petitioner) has submitted that the Housing Board is ready to refund the amount with Patna High Court MJC No.2479 of 2015(4) dt.09-07-2026 3/4 terms and conditions given in Sections 4 and 5 of the Digha Acquired Land Settlement Act, 2010 along with the permissible statutory rate of interest i.e. 8 per cent Compound. 5. The Housing Board (the petitioner) is directed to refund the entire amount to the opposite party along with the statutory interest i.e. 8 per cent (Compound) within two months from communication of this order. 6. The petitioner shall provide her Bank details, I.D. proof and other required documents to the Housing Board. 7. With these observation(s), the petition stands disposed of.” 5. The order was passed on 30.01.2025, we are in the month of July, 2026 and the submission put forward by Mrs. Singh is that the entire payment shall be made within a period of four weeks from today. 6. Any document/information that ‘the Board’ now needs, the Officer shall be visiting the house of the lady and shall ensure that the entire document/information is received by ‘the Board’ within a period of one week, whereafter, the Patna High Court MJC No.2479 of 2015(4) dt.09-07-2026 4/4 payment is to be made within a period of next three weeks. 7. It is made clear that if ‘the Board’ which has already defaulted in not complying the order dated 30.01.2025 in Civil Review No. 337 of 2016 fails to abide by the undertaking given by the learned counsel representing it, the petitioner shall be entitled to a cost of Rs. 50,000/- which is to be paid from the pocket of the official who has delayed the process from January 2025 till date. 8. The present contempt petition stands disposed of with liberty to the petitioner to agitate the matter immediately by filing another contempt petition if ‘the Board’ fails to clear the amount within the time frame, as recorded above. Adnan/- (Rajiv Roy, J) U