Allowed

Md. Hafizur Rahaman v. Karyalay Bihar Sharif Nagar Nigam and Ors.

Patna HC19 Sept 2012CWJC/17356/2012

Case brief

AI extract

What is this about?

In an oral order, the Patna High Court granted the petitioner liberty to submit a show cause reply and obtain reports on the building's strength from the District and Civil Engineers. The court directed the Municipal Commissioner to hear the petitioner on these reports before passing a final order, staying demolition for that period.

What did the court decide?

Liberty granted to submit show cause reply; liberty granted to obtain independent report on building strength; final order to be passed within two months.

Md. Hafizur Rahaman Vs Karyalay Bihar Sharif Nagar Nigam… — Property and Title | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.17356 of 2012

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====================================================== Md. Hafizur Rahaman S/o Md. Nazirul Rahaman, Resident of Kagzi Mohalla, at P.O./P.S./ Town – Biharsharif, District - Nalanda

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.... .... Petitioner

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Versus 1. Karyalay (office) Biharsharif Nagar Nigam, Nalanda through Chairman, P.O./P.S. – Biharsharif, District – Nalanda, Nagar Aukt (Town Commissioner) 2. Nagar Aukt (Town Commissioner), Biharsharif Nagar Nigam, at ( P.O./ P.S.) Town Biharsharif District Nalanda (Respondent 1^st set). 3. Ranjan Kumar Gupta S/o Ashok Kumar Gupta, Resident of P.O./P.S./ Town – Biharsharif, District – Nalanda .... .... Respondents ====================================================== Appearance : For the Petitioner : M/s Devendra Prasad Sharma & Kumar Manglam For the Corporation : Mr. Gyan Prakash Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER

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.... .... Respondents

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3 19-09-2012 Heard learned counsel for the petitioner and the

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Biharsharif Municipal Corporation.

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Petitioner is a proprietor of M/s A to Z Furniture and Luggage. He has been served with notice contained in letter No. 2425 dated 24.9.2011, Annexure-5 issued by the Municipal Commissioner, Biharsharif Municipal Corporation asking him to demolish the premises in which his aforesaid furniture and luggage shop is established, as according to the Municipal Commissioner, the building has become dilapidated and required to be demolished in terms of sub-section (4) of

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Patna High Court CWJC No.17356 of 2012 (3) dt.19-09-2012

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2 / 3

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Section 278 of the Bihar Municipal Corporation Act, 2007.

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Learned counsel for the petitioner is disputing the contents of the notice, as according to him, the building in which the shop is established is not dilapidated, rather, the notice has been issued for extraneous consideration to secure eviction of the petitioner from the premises in question.

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It appears, petitioner was also issued similar notice earlier, but from the contents of notice dated 24.9.2011, Annexure-5, it does not appear that he submitted any reply to the notice issued to him. The date fixed for demolition of the building under notice dated 24.9.2011 was 30.9.2011, but till date the same has not been demolished, as such, before demolishing the building in question, I grant liberty to the petitioner to submit his show cause reply before the Municipal Commissioner, Biharsharif Municipal Corporation within two weeks whereafter the Municipal Commissioner shall seek a report about the strength of the building from the District Engineer and copy of the report furnished by the District Engineer be given to the petitioner and after

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Patna High Court CWJC No.17356 of 2012 (3) dt.19-09-2012

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3 / 3

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hearing the petitioner on the contents of the report appropriate final order be passed within a reasonable time, not exceeding two months from the date of service of the report of the District Engineer on the petitioner. It shall be open for the petitioner to obtain report about the strength of the building from a Civil Engineer and to submit the same to the Corporation.

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The writ petition is, accordingly, disposed of.

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(V.N. Sinha, J)

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Arjun/-

Md. Hafizur Rahaman v. Karyalay Bihar Sharif Nagar Nigam and Ors.

Case brief

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Md. Hafizur Rahaman v. Karyalay Bihar Sharif Nagar Nigam and Ors.

Case brief

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