Oral order disposing of a writ petition regarding the demolition of a dilapidated house, directing the Executive Officer to scrutinize the petitioner's bona fides upon hearing all interested parties.
Direction to the Executive Officer to hear parties and pass order on demolition request after testing petitioner's bona fides.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11380 of 2008
====================================================== Debki Devi wife of Late Ramanand Dugolia, resident of Mohalla – Anantram Lane, P S - Kotwali, District – Bhagalpur .... .... Petitioner/s Versus 1. The State of Bihar through the District Magistrate, Bhagalpur. 2. The District Magistrate, Bhagalpur. 3. The Administrator, Bhagalpur Municipal Corporation, Bhagalpur, District – Bhagalpur. 4. The Chief Executive Officer, Municipal Corporation, Bhagalpur, District – Bhagalpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar Jha Mr. Anjani Kumar For the Respondent/s : Mr. (GP17) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
4 11-10-2012 Writ application is disposed of with a direction upon the Executive Officer, Municipal Corporation, Bhagalpur that on hearing the petitioner as well as any other interested party thereto, he will pass an order in accordance with law with regard to the request, if made by the petitioner with a copy of this order for demolition of Holding No.18C/28, situated at Anant Ram Lane, Ward No.29/38 as according to the petitioner, the said house is in dilapidated state and requires demolition. The Chief Executive Officer will surely test the bona fide of such a request by the petitioner, especially in view of the fact that if the house is in dilapidated state there is no impediment in
Patna High Court CWJC No.11380 of 2008 (4) dt.11-10-2012
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law to demolish it and reconstruct it but if the request is for an oblique motive the above aspect must be closely scrutinized.
Writ is disposed of with above observation.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
Debki Devi
The State of Bihar
The District Magistrate, Bhagalpur
The Administrator, Bhagalpur Municipal Corporation
The Chief Executive Officer, Municipal Corporation, Bhagalpur
Ajay Kumar Tripathi
As recorded by the court registry
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