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IN THE HIGH COURT OF JUDICATURE AT PATNA

(CIVIL WRIT JURISDICTION)
C.W.J.C. NO………………………… OF 2019
In the matter of an application

under Article 226 of the

Constitution of India.

And

In the matter of:-

1. Balram Yadav, Son of Shri Bhogi Lal Yadav, resident of

Village Palar, PO-Kulharia, PS- Andhra Gadhi, District
Madhubani, Male
2. Om Prakash, Son of Bhola Sahu, Resident of Quarter No.-
D/2, Doordarshan Colony, Sikanderpur, Muzaffarpur-842001
……..................Petitioners.
Versus
1. State of Bihar through Bihar Urban Development Authority,

Vikas Bhawan, Bailey Road, Patna-800015.

2. Municipal Commissioner, Darbhanga Municipal Corporation

previously known as Darbhanga Regional Development Authority

at Mirzapur, Lal Bagh, Darbhanga-846004

..…………………………….Defendants.
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To,

The Hon’ble Mr.Justice A. P. Sahi, the Hon’ble Chief Justice of the

High Court of Judicature at Patna and his companion Justices of the

said Hon’ble Court.

The humble petition on behalf of

the above named Petitioners.

MOST RESPECTFULLY SHEWETH:-

1. That the Petitioners prays for the following reliefs

i. For issuance of appropriate writ(s)/order(s)/direction(s) for

execution of title deed in favour of the Petitioners of the
land allotted vide letter no. 583 dated 14.03.1997 and vide
letter no. 625 dated 14.03.1997 (Annexure-__) and for
making the sale absolute in favour of the Petitioners.

ii. For issuance of appropriate writ(s)/order(s)/direction(s) for

mutation of the land allotted to the Petitioners vide letter
no. 583 dated 14.03.1997 and vide letter no. 625 dated
14.03.1997 (Annexure-__)

iii. For issuance of appropriate writ(s)/order(s)/direction(s) for

conveyance of the land allotted to the Petitioners vide letter
no. 583 dated 14.03.1997 and vide letter no. 625 dated
14.03.1997 (Annexure-__)

iv. For issuance of appropriate writ(s)/order(s)/direction(s) to

award compensation for the damages and losses incurred
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by the Petitioners due to the delay in completion of the

process of making the sale of land absolute.

v. For issuance of any other appropriate writ/order/direction

which the Petitioners may in the facts and circumstances of
this case be found entitled to.

2. That the writ petition on amongst others is founded on following

points of law:-

i. Whether the action of the Defendant No. 2 in deferring the

mutation and execution of title deed is justified.

ii. Whether the inaction of the Defendants for twenty years is

justified if it results in heavy losses to the Petitioner.

iii. Whether the action of the Defendants after assuring the

Petitioners and receiving the payment in full, and not taking
further steps for completion of the mutation justified.

iv. Whether the action of the Defendant No. 2 is in violation of

Articles 14, 16, 21 and 300A of the Constitution of India.

3. That the Petitioners are law abiding citizens of India and reside
within the jurisdiction of this Hon’ble High Court of Judicature.

4. That the Defendant No. 2 vide advertisement in newspaper dated

09.07.1996 invited application for allotment of land at Vaidehi
Nagar, Mauza Gehumi, Darbhanga Sadar Circle, to which the
Petitioners vide application dated 12.09.1996 and 25.09.1996
applied for allotment of land.
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Photocopies of the applications

dated 12.09.1996 and 25.09.1996
are annexed herewith and marked
as Annexure-P/1 to this
application forming part thereof.

5. That the Petitioner 1 and 2 were informed by Defendant No. 2

vide letter no. 583 dated 14.03.1997 and vide letter no. 625 dated
14.03.1997 respectively that the Petitioners had been allotted Plot
Nos. C-16 and B-24 respectively through a draw of lots and were
asked to submit 10 percent of the total amount of value of land
which the Petitioners adhered to.
Photocopies of the letter no. 583
dated 14.03.1997 and are annexed
herewith and marked as Annexure
P/2 to this application forming
part hereof.
6. That Petitioner 1 and 2 through various installments deposited a
total amount of Rs. 57,000/- and Rs. 91,200/- respectively and the
Defendant No. 2 confirmed the same and requested the Petitioners
to bring the requisite stamp paper to proceed further with the
process of mutation of the land .
Photocopy of the deposit slips
and letter No. 1812 dated
12.12.1998 is annexed herewith
and marked as Annexure-P/3
series to this petition forming part
thereof.
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7. That the Petitioners were again confirmed vide letters dated

14.05.2005 and 06.12.2006, that the amount for the aforesaid land
was deposited and the Petitioners were asked to ensure their
presence for further compliance in mutation of the allotted land.
Photocopy of letters dated
14.05.2005, 06.12.2006 are
annexed herewith and marked as
Annexure-3.

8. That the Defendants did not take any further step in completion of
the process of allotment of land and kept assuring the Petitioners
that the process would be completed in due time, which
unfortunately till date has not been completed.

9. That it is relevant to mention that as per Section 55(1)(d) of the

Transfer of Property Act, the seller is bound upon payment or
tender of the amount due in respect of the price, to execute a
proper conveyance of the property when the buyer tenders it to
him for execution at a proper time and place and in this case, the
Petitioners have paid the amount in full to the Defendants and the
same has time and again been acknowledged by Defendant No. 2
through various letters, but the execution of the conveyance of
property has not taken place till date.

10.That meanwhile duting the pendency of the mutation of the

petitioners, the erstwhile Darbhanga regional development
authority was merged with the darbhanga municipal corporation
and the petitioners were neither given any information about the
merger nor about the allotment process.
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11.That the Petitioner No.1 after receiving no information regarding

mutation of the land allotted to him, filed an RTI application
dated 16.01.2012 seeking information about the status of the
process of land allotment to which the Defendant No. 2 replied
that the mutation for the said land would take place once the
assets and liabilities of the regional development authority is
assessed.
A photocopy of the RTI
application dated
16.01.2012 and the reply
dated 16.02.2012 are
annexed herewith and
marked as Annexure-4.

12. That even after a period of twenty one years after the allotment of
land, mutation of the alloted land is still pending, allegedly due to
the non evaluation of assets and liabilities by the Defendants.
13.That the Petitioners have no other alternative and equally
efficacious remedy available to them except to move this Hon’ble
Court in writ jurisdiction for the relief prayed in paragraph 1
above.

14.That the Petitioners have not moved this Hon'ble Court earlier for
the reliefs prayed for in this application.

It is therefore prayed that your Lordship

may graciously be pleased to issue show
cause as to why the relief prayed for in
paragraph 1 above be not allowed in
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favour of the Petitioners and

considering the cause shown, if any, and
after hearing the parties make the sale
absolute and grant the reliefs prayed for
in Paragraph-1 above.
And/ or
Pass such other order or orders, that
your lordship may deem fit and proper
in the facts and circumstances of the
case.

And for this the Petitioners shall ever pray.