Disposed

M/S Sudhir Kumar Subhas Kumar v. the State of Bihar and Ors.

Patna HC17 Jun 2013CWJC/4176/2011

Case brief

AI extract

What is this about?

Petitioners challenged notices for encroachment and illegal construction issued by the Bazar Samiti. The Court held no legal question existed for adjudication at the threshold. As disputes were factual, the writ was disposed of to allow the concerned authority to verify the actual state of affairs during a hearing and spot inspection if necessary.

What did the court decide?

Writ Application disposed of; liberty granted to petitioners to appear before the Subdivisional Magistrate-cum-Special Officer to demonstrate lack of encroachment.

M/S Sudhir Kumar Subhas Kumar Vs the State of Bihar and Ors. — Property and Title | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 4176 of 2011

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M/S Sudhir Kumar Subhas Kumar Traders, Bazar Prangan, Sardha, Chapra Through Its Proprietor, Ramji Rai S/O Gauri Shankar Rai Resident Of Village Khanpura, P.S. Chapra Mufassil, Distt. Saran. 2. Ms/ Sri Ganesh Fruit And Vegetable Traders, Bazar Prangan, Sardha, Chapra (Saran) Through Its Proprietor, Navlesh Singh S/O Sri Sudarshan Singh Resident Of Village And Post Mira Muserhi, P.S. Chapra Mufassil, Distt. Saran. 3. M/S Ajay Kuamr Singh Traders, Bazar Prangan, Sardha Through Its Proprietor, Ashok Singh S/O Bachababu Singh Resident Of Village Karmawari, P.S. Paru, Distt. Muzaffarpur. 4. M/S Munmun Singh Trader, Bazar Prangan, Sardha Chapra (Sara) Through Its Propiretor, Prabhas Mohan Singh S/O Surendra Mohan Singh Resident Of Sareya Haldi, P.S. Baniyapur, Distt. Saran.

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M/S Ankit Kumar Singh Traders, Bazar Prangan, Sardha, Chapra (Sara) Through Its Proprietor Upendra Singh S/O Late Rajeshwar Singh Resident Of Sarkari Bazar, Karim Chowk, P.S. Town Chapra, Distt. Saran. 6. M/S Salim And Brothers, Bazar Prangan, Sardha Chapra (Saran) Through Its Proprietor, Md. Salim S/O Abdul Rahim Resident Of Village Nai Bazar, P.S. Bhagwan Bazar, Distt. Saran. 7. M/S Maheswar Singh Surendra Singh Traders, Bazar Prangan, Sardha Chapra (Saran) Through Its Partner, Surendra Singh S/O Late Rajeshwar Singh Resident Of Sarkari Bazar, Karim Chowk, P.S. Chapra Town, Distt. Saran. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Administrator, Bihar Agriculture Produce Market Board (Under Liquidation), Patna. 3. Sub Divisional Officer Cum Special Officer, Agriculture Produce Market Samiti (Under Liquidation), Chapra.

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. G.K. Agrwal Ga10 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER ***************

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12. 17.06.2013 All the petitioners in the present Writ Application

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have jointly approached the High Court, challenging the issuance of notice upon them by the erstwhile Bazar Samiti, asking them to remove the encroachment and illegal construction done by them in the Bazar Samiti

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Patna High Court CWJC No.4176 of 2011 (12) dt.17-06-2013 2/3

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premises of Chapra.

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It is not in dispute now that the Marketing Board now stands dissolved after repeal of the Act and all assets and liability of the erstwhile Board has vested in the State. By way of arrangement made by the State Government, the Sub-divisional Magistrate-cum-Special Officer, Bazar Samiti has been saddled with the responsibility to take care of the interest as well as property of the erstwhile Bazar Samiti.

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Notices came to be issued in terms of Annexure6/1 or 7 over a period of time, relating to 15^th of February, 2011 as well as 22^nd of February, 2011, asking these petitioners to show-cause as to why the encroachment or illegal construction made by them, should not be demolished.

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There is no legal question, which is required to be decided or adjudicated in the present Writ Application at this juncture, as basically the notices, which have asked the petitioners to remove encroachment or illegal construction, cannot be the subject matter of a Writ Application at the thrash-hold. If the petitioners feel that they have not violated or encroached upon any part and parcel of the land beyond their area of allotment, then they are free to demonstrate the same before the

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Patna High Court CWJC No.4176 of 2011 (12) dt.17-06-2013 3/3

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concerned authority, for after all these are factual disputes, which are required to be first verified and decided at the ground level.

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The Writ Application stands disposed off, giving liberty to the petitioners to appear before the Subdivisional Magistrate-cum-Special Officer, Bazar Samiti, Chapra with a copy of this Order. They are free to demonstrate before the said authority by whatever material in their possession that the notices / directions have been issued without any basis or actual state of affairs.

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If after hearing the petitioners and verifying the actual position, may be by making a spot inspection, an appropriate order or direction or action will be taken by the concerned authority within a reasonable time-frame.

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Writ Application is disposed off with observation / direction as above.

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(Ajay Kumar Tripathi, J.)

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SKM/-

M/S Sudhir Kumar Subhas Kumar v. the State of Bihar and Ors.

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M/S Sudhir Kumar Subhas Kumar v. the State of Bihar and Ors.

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