The High Court disposed of the writ application allowing it to rest due to the absence of current impediment or action against the petitioner and similarly situated persons.
Writ application allowed to rest; petitioner free to raise questions if fresh cause of action arises.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5231 of 2005
====================================================== Saraswati Devi, wife of Sri Purnendu Narayan Sinha, resident of 67-E Road no.11F, Rajendra Nagar, P S – Kadamkuan, District - Patna .... .... Petitioner/s Versus 1. The Patna Regional Development Authority through its Vice Chairman. 2. The Vice Chairman, Patna Regional Development Authority, Maurya Lok Complex, New Dak Bunglow Road, Patna. 3. The Secretary, Patna Regional Development Authority, Maurya Lok Complex, New Dak Bunglow Road, Patna. 4. The Estate Officer, Patna Regional Development Authority, Maurya Lok Complex, New Dak Bunglow Road, Patna.
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amar Nath Deo For the Respondent/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
12 03-10-2012 Taking into consideration that the apprehension on the cause of action, which led to filing of the present writ application, as of now does not appear to be apparent since nothing further by way of any impediment or some kind of action is being taken not only against the petitioner but large number of similarly situated persons of what is known as Rajendra Nagar, in the town of Patna, this matter is allowed to rest.
In case a fresh cause of action arises from any decision or notice which may be issued by the respondents, petitioner will be free to raise all the questions which may be available on the issue.
Patna High Court CWJC No.5231 of 2005 (12) dt.03-10-2012
2 / 2
There may not be any occasion for this Court in the changed circumstances to entertain this writ application and apprehension of the petitioner which existed at the relevant time.
Writ stands disposed of with above observation.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
Saraswati Devi
Patna Regional Development Authority
Patna Municipal Corporation
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
