Patna High Court - Orders
The Bihar State Housing Board vs Major Narendra Kumar Gupta on 16 August, 2013
Author: Navin Sinha
Bench: Navin Sinha, Vikash Jain
Patna High Court LPA No.707 of 1998 (21) dt.16-08-2013 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.707 of 1998
In
Civil Writ Jurisdiction Case No. 3691 of 86 _
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The Bihar State Housing Board
.... .... Appellant/s
Versus
Indu Gupta & Ors.
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ram Prasad Bhagat
Mr. Lalit Kishore
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA
and
HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)
21 16-08-2013A supplementary affidavit was filed on behalf of the appellant affirmed by the Section Officer, one Sri Naresh Prasad that a letter has been sent on 13.05.2013 to the petitioner for taking possession of Flat No. MIG 157. The affidavit at paragraph 5 states that it was true to the knowledge of the deponent and information derived from the records of the case. The respondent No. 1 was directed to approach the Executive Engineer to complete necessary formalities for possession and execution of agreement.
Learned Counsel for the respondents refers to the reply filed on 15.7.2013, to which no rejoinder has been filed, that Flat No. MIG 157 is occupied by someone else. Information was given to the Executive Engineer also, but to no avail. Annexure-A is a copy of the letter stated to have been served on Patna High Court LPA No.707 of 1998 (21) dt.16-08-2013 2 21.6.203 confirming the aforesaid facts.
Prima facie it appears that the appellant Board has deliberately made wrong and false statement with the intention to mislead the Court.
We require the deponent Sri Naresh Prasad and the Managing Director of the Board to appear before us in person.
List on the 13th of September, 2013 at 2.15 p.m. (Navin Sinha, J) (Vikash Jain, J) P.K./-