P.Sathasivam,J. - (1.) 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. 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. 11753 of 2007 and disposed of the appeal filed by the Appellants herein.
(2.) Brief facts: (a) In 1972, the Bihar State Housing Board (hereinafter referred to as "the Board") floated a Scheme for construction of Flats for Middle Income Group (in short "MIG") at Hanuman Nagar, Patna. Ram Chandra Prasad Verma (since expired) -the husband of the Respondent submitted his application. Subsequently, on demand being made, on 28.09.1978, he deposited a sum of Rs. 6500/- for allotment of a MIG flat/house. The allotment fructified in his favour and MIG Flat No. 171, Hanuman Nagar, Patna was allotted to him vide Boards Order No. 7273 dated 23.09.1981. After execution of hire-purchase agreement, the possession was handed over to him on 28.11.1981. At that time, the total cost of the flat determined by the Board was Rs. 66,382/-. The entire amount was paid to the Board within the time prescribed. (b) 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. 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. 1459 dated 05.05.1998. (c) 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. At this time, the Board raised a demand of Rs. 3,64,419/- towards outstanding dues against the flat in question vide Letter No. 2169 dated 29.06.2006, asking the Respondent to deposit the same by 31.07.2006. (d) Against the said demand notice, the Respondent filed writ petition bearing CWJC No. 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 not justified in raising such demand and not entitled to re-determination/re-fixation of the price after delivery of possession. The learned single Judge, by order dated 07.02.2008, allowed the writ petition and quashed the demand notice 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. 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. (e) Against the said order of the learned single Judge, the Board filed appeal being L.P.A. No. 211 of 2008 before the Division Bench of the High Court. 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. Aggrieved by the same, the Board preferred this appeal by way of special leave petition before this Court.
(3.) Heard Mr. S. Chandra Shekhar, learned Counsel for the Appellants-Board and Mr. Praneet Ranjan, learned Counsel for the Respondent.;