211 of 2008 before the Division Bench of the High Court.
211 of 2008 whereby the Division Bench of the High Court declined to interfere with the order dated 07.02.2008 passed by the learned single Judge of the High Court in CWJC No.
Brief facts In 1972, the Bihar State Housing Board hereinafter referred to as the Board floated a Scheme for companystruction of Flats for Middle Income Group in short MIG at Hanuman Nagar, Patna.
The Board is very much aggrieved by the directions of the learned single Judge directing Additional Director General of Vigilance, State of Bihar to institute a case against the Board and to enquire into the activities of all persons who are involved in the decision making process as well as who have been responsible in creating false accounts and raising false demands in relation to the writ petitioner, namely, Asha Lata Verma.
3,64,419/ towards outstanding dues against the flat in question vide Letter No.
Against the said order of the learned single Judge, the Board filed appeal being L.P.A. No.
171, Hanuman Nagar, Patna was allotted to him vide Boards Order No.
Subsequently, on demand being made, on 28.09.1978, he deposited a sum of Rs.6500/ for allotment of a MIG flat house.
2169 dated 29.06.2006, asking the respondent to deposit the same by 31.07.2006.
Heard Mr. S. Chandra Shekhar, learned companynsel for the appellants Board and Mr. Praneet Ranjan, learned companynsel for the respondent.
The learned single Judge also directed the Additional Director General of Vigilance, State of Bihar to institute a case against the Board and to enquire into the activities of the officials involved in the process of decision making and also to initiate enquiry into the assets and properties of such officials of the Board.
Aggrieved by the same, the Board preferred this appeal by way of special leave petition before this Court.
After execution of hire purchase agreement, the possession was handed over to him on 28.11.1981.
The allotment fructified in his favour and MIG Flat No.
Later on, the respondent decided to transfer the flat in favour of her daughter in law, Ms. Meera Verma and sought transfer of the same.
The learned single Judge, by order dated 07.02.2008, allowed the writ petition and quashed the demand numberice and directed the Board to grant permission for transfer of the flat in favour of Ms. Meera Verma, daughter in law of the respondent herein.
11753 of 2007 before the High Court of Patna for quashing the same on the ground that the payment of the flat had already been made in 144 equal instalments and that the Board is number justified in raising such demand and number entitled to re determination re fixation of the price after delivery of possession.
7273 dated 23.09.1981.
The entire amount was paid to the Board within the time prescribed.
In the same order, the learned single Judge also directed that an inquiry into the assets and properties of such officials of the Board be carried out to see whether they have been benefited at the companyt of innocent citizens.
At that time, the total companyt of the flat determined by the Board was Rs.66,382/ .
The Division Bench, by impugned order dated 02.07.2008, after observing that since the Vigilance Department has already started preliminary inquiry, declined to interfere with the order passed by the learned single Judge.
On 25.03.1991, the husband of the respondent died and in the year 1992, she sought for transfer of the Flat in her name.
Against the said demand numberice, the respondent filed writ petition bearing CWJC No.
Ram Chandra Prasad Verma since expired the husband of the respondent submitted his application.
The flat was transferred in the name of the respondent after furnishing the details of payment and other required documents to the Board vide letter No.
Though the companynsel appearing for the Board has stated that the Board was justified in demanding an additional amount, in the absence of such details and in view of the fact that number the Board has transferred the title of the flat in favour of the daughter in law of the respondent, as requested, we are number inclined to go into the claim of the Board.
The Division Bench, by impugned order dated 02.07.2008, declined to interfere with the order passed by the learned single Judge disposed of the appeal filed by the appellants herein.
Sathasivam, J. This appeal is directed against the final judgment and order dated 02.07.2008 passed by the High Court of Judicature at Patna in L.P.A. No.
Since the learned single Judge of the High Court while allowing the writ petition filed by the respondent expressed his anguish over the manner in which the Board and its officials are companyducting its affairs, issued certain directions for Vigilance inquiry, the Board being aggrieved by the said directions filed an appeal before the Division Bench.
11753 of 2007 and disposed of the appeal filed by the appellants herein.
