CHAIRMAN BIHAR STATE HOUSING BOARD Vs. STATE BANK OF INDIA SENIOR SUPERVISING STAFF CO OPERATIVE SOCIETY LTD

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna raises a grievance with respect to the judgment dated 5.11.2004, passed by a learned Single Judge of this Court in C.W.J.C. No. 4039 of 2000 (The State Bank of India Senior Supervising Staff Cooperative Society Ltd., Patna, through its Secretary v. The Chairman, Bihar State Housing Board), whereby the writ petition has been disposed of with certain directions to the writ Petitioner to make payment of the dues along with interest at the rate of 8.5% with yearly rest towards full and final settlement and payment of the dues payable by the Petitioner to Bihar State Housing Board (hereinafter referred to as the "Board"), for settlement of 21 plots of land in Kankarbagh Colony in the township of Patna. We shall go by the description of the parties occurring in the writ proceedings.

(2.) A brief statement of facts essential for the disposal of this appeal may be indicated. We shall draw the basic facts from the writ proceedings, except by specific reference to the present appeal. The writ Petitioner (the Respondent herein) had submitted application for allotment of plots for residential purposes with the Bihar State Housing Board (the Respondent there, and the Appellant herein). The Chairman of the Board allotted 21 plots to the writ Petitioner, which were really commercial plots in the master-plan and were allotted to the writ Petitioner after conversion of its user. The registered agreement of hire purchase was executed by the Respondents in favour of the writ Petitioner on 15.5.1980 (Annexure-1). According to the terms of the agreement, total number of 21 commercial plots after conversion of its user for residential purposes were allotted to the writ Petitioner for a total consideration of Rs. 9,85,350/-, out of which a sum of Rs. 6,30,000/- was paid to the Board before the agreement was executed. The balance sum of Rs. 3,55,350/- had to be paid to the Board within a period of two years without the obligation of payment of interest.

(3.) Learned Counsel for the Appellants has submitted that the agreement dated 15.5.1980 (Annexure-1), was the personal and individual handi-work of the then Chairman of the Board. He was not authorized to act in contravention of the master-plan, whereby the 21 plots of land earmarked for commercial purposes was converted to residential purposes. Therefore, in his submission, the Board was entitled to revise the rates. He has made elaborate submissions in support of the appeal. 4. Learned Counsel for the writ Petitioner has also advanced elaborate submissions in support of his case.