Allowed

Arun Kumar Mukharjee v. State and Ors.

Patna HC22 Jul 2013CWJC/8379/1993

Case brief

AI extract

What is this about?

In an Article 226 writ petition involving multiple petitioners against the State of Bihar, the Patna High Court held that a notice dated 1993 under the Bihar Municipal Act regarding dilapidated conditions was illegal after twenty years. The court quashed the notice, allowed the writ, and directed authorities to reassess the situation if needed under current law.

What did the court decide?

Annexure-1 containing the notice is quashed and the writ application is allowed.

Arun Kumar Mukharjee Vs State and Ors. — Landlord and Tenant | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8379 of 1993

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====================================================== 1 (a) Arun Kumar Mukherjee, resident of Herambo Bhawan, Jail Road, P.S. – Ara, District – Bhojpur 1 (b) Tarun Kumar Mukherjee, S/o Dr. Dhananjoy Mukherjee, resident of Krishna Nagar Colony, Janki Nagar, Hari Om Nagar Samne Ghat, Lanka, Varanasi (U.P.) 1 (c) Gautam Mukherjee alias Bula Mukherjee, son of Late Dr. Dhananjoy Mukerhee, Service Kalyanpur Cement, Ara Garden, Jagdeo Path, Patna, District – Patna 1 (d) Dev Brata Mukherjee alias Munna Mukherjee, son of Late Dr. Dhananjoy Mukherjee, LIC Agent, Mohalla – Sri Ram Prasad Lane, K.G. Road, P.S. – Nawada, Ara, P.O. – Ara, District – Bhojpur 1 (e) Smt. Sarbani Banerjee alias Mamuni, daughter of Late Dr. Dhananjoy Mukherjee, widow of Sidhadharata Banerjee, posted at Syndicate Bank, Chitra Toli Road, Ara, P.S. – Ara, District - Bhojpuri .... .... Petitioner/s Versus 1. The State of Bihar 2. Arrah Municipality Through Special Officer, Arrah Municipality, Arrah 3. The Special Officer, Arrah Municipality, Arrah 4. (a) (i) Ajit Kumar Singh, son of Late Beni Medhav Singh, Resident of Village and P.O. – Kulharia (Via Koilwar), P.S. – Koilwar, District - Bhojpur 4. (a) (ii) Abhooy Pratap Singh, son of Late Beni Medhav Singh, Resident of Village and P.O. – Kulharia (Via Koilwar), P.S. – Koilwar, District – Bhojpur 4 (b) (i) Manoj Kumar Singh, son of Late Brajendra Pratap Singh, Resident of Village and P.O. – Kulharia (Via Koilwar), P.S. – Koilwar, District - Bhojpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Anish Chandra Sinha Mr. Rakesh Kumar Mishra For the Respondent/s : Mr. (Sc2) Mr. Biteshwar Nath Pandey Mr. Amaresh Kumar Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER ***************

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34. 22.07.2013 Heard learned counsel for the petitioner and the counsel appearing for the State.

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Petitioner has approached the High Court, when a notice dated 16.02.1993, contained in Annexure-1 was issued under the purported exercise of power under

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Patna High Court CWJC No.8379 of 1993 (34) dt.22-07-2013 2/2

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section 194 of the Bihar Municipal Act. On a public petition that the house in question was in dilapidated condition, which could be injurious to the interest of common people crossing the area, notice was issued to the petitioner.

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A stand is taken that notice is not only illegal but an effort to oust the petitioner, who is a valid tenant of the property for a long period of time.

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The notice relates to the year 1993. Twenty years have already gone past. If that house was in such a dilapidated condition, it would have demolished itself by now in the last 20 years, but there is no input as to the above development, because the petitioner is still firm in litigating and fighting a battle which arose in the year 1993.

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Annexure-1 is quashed. Writ application is allowed. The concerned authorities are free to take action after making a fresh assessment of the situation, if need of the same arise in accordance with the law, as it exists today.

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(Ajay Kumar Tripathi, J.)

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SKM/-

Arun Kumar Mukharjee v. State and Ors.

Case brief

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Arun Kumar Mukharjee v. State and Ors.

Case brief

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