POSTAL CO OPERATIVE HOUSE CONSTRUCTION SOCIETY LIMITED Vs. SECRETARY TO THE GOVT OF BIHAR PATNA

JUDGEMENT

(1.) The petitioners, the Postal Co-operative House Construction Society Limited (hereinafter to be referred to as 'the Society') and its Secretary (hereinafter to be referred to as 'the Secretary of the Society' have filed this writ application for the quashing the resolution dated 26-7-1980 of the Bihar State Housing Board (hereinafter to be referred to as 'the Board') by which a decision has been taken for allotment of lands in favour of Aniket Girih Nirman Sahyog Samiti (hereinafter to be referred to as 'the Samiti'). A copy of the said resolution is Annexure-1 to this application.

(2.) The salient facts of the case are stated hereunder: The Society consists of the employees of the post Office working in the Patna district and has been duly registered under the Bihar & Orissa Co-operative Societies Act, 1935 (hereinafter to be referred to as 'the Act'). The Society in the meeting of its general body held on the 3rd Sept., 1955 adopted a resolution for the acquisition of lands for 'Low Income Group Housing Scheme', and, accordingly, submitted a requisition to the Land Acquisition Officer for acquisition of 10 acres of land in village Mahuli in the district of Patna. A copy of the said letter sent to the District Land Acquisition Officer to that effect is Annexure-3.

(3.) However, 8.72 acres of land was notified and acquired by the State Government. Copies of the notification under Section 4 of the Land Acquisition Act and declaration under Section 6 are An-nexures 4 and 5 to the writ application.