Partly allowed

Ajai Kishor Yadav and Ors. v. Dropadi Devi and Ors.

Patna HC24 Mar 2011CWJC/14265/2010

Case brief

AI extract

What is this about?

This judgment quashes an order that failed to consider a petitioner's request for a certified copy of a sanctioned municipal plan. The High Court found the trial court had conflated individual building plans with municipal maps, remanding the matter for a fresh reasoned order within two months. Application allowed.

What did the court decide?

Impugned order set aside; matter remanded to trial court to pass fresh reasoned order within 2 months.

Ajai Kishor Yadav and Ors. Vs Dropadi Devi and… — Public Procurement and Tenders | Patna HC (2011)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA

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 CWJC No.14265 of 2010

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1. AJAI KISHORE YADAV S/O LATE GANAURI MAHTO R/O MOHALLA- HAZI SUJAN, P.S.KOTWALI, DISTT.- MUNGER

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2. SHANKER KUMAR YADAV S/O LATE GANAURI MAHTO R/O MOHALLA- HAZI SUJAN, P.S.KOTWALI, DISTT.- MUNGER

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3. SURESH KUMAR YADAV S/O LATE GANAURI MAHTO R/O MOHALLA- HAZI SUJAN, P.S.KOTWALI, DISTT.- MUNGER

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 Versus

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1. DROPADI DEVI W/O KAMLESHWARI KAPRI R/O VILL.- NAWTOLIA, P.O.- RAJAN, P.S.RAJAN, DISTT.- BHAGALPUR

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2. ASHA DEVI W/O RAMANAND YADAV R/O MUNGER, DISTT.- MUNGER

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3. KRISHAN KUMAR YADAV S/O NAGESHWAR YADAV R/O VILL./MOHALLA- HAZI SUJAN, P.S.KOTWALI, DISTT.- MUNGER

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4. SRIMATI PAWAN LATA DEVI W/O JAGESHWAR YADAV R/O VILL./MOHALLA- HAZI SUJAN, P.S.- KOTWALI, DISTT.- MUNGER

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2/ 24/03/2011 Heard learned counsel for the petitioner

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and the respondent No.3.

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The petitioner is aggrieved by the order

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dated 9.7.2010 by which his request to call for the certified copy of sanctioned municipal plan case No.141/75-76 dated 24.11.1975 has not been considered in the impugned order to urge that the Court misdirected itself in mixing up the sanctioned building plan with the final publication of the municipal Khatiyan or municipal map of Munger.

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Learned counsel for the respondents has opposed the application but finds it difficult to place any material or discussion in the order dated

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9.7.2010 containing any reference or finding with regard to municipal plan case No.141/75-76 dated 24.11.1975 passed by the Munger Municipality in the name of Yogeshwar Yadav.

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The Court on perusal of the impugned

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order finds that the trial court appears to have mixed up the issue of an individual sanctioned building plan with that of final publication of the municipal Khatiyan or the municipal map of the town of Munger.

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There is no discussion in the impugned order with regard to a sanctioned municipal plan with the case number and date as asserted on behalf of the petitioner. Had the Court discussed it and arrived at a finding based on materials before it there may not have been occasion for this Court to interfere.

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The impugned order dated 9.7.2010 in its present form is therefore not sustainable. It is accordingly set aside. The matter is remanded to the trial court to pass a fresh reasoned and speaking order on the aforesaid issue within a maximum period of two months from the date of receipt/production of a copy of this order. Since the matter has already been heard, if the Court desires

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to hear the parties for purposes of refreshing itself, the same also be done within the time indicated above.

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The application stands allowed.

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( Navin Sinha, J.)

Ajai Kishor Yadav and Ors. v. Dropadi Devi and Ors.

Case brief

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Ajai Kishor Yadav and Ors. v. Dropadi Devi and Ors.

Case brief

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