In a habeas/admiralty matter, the Patna High Court stayed demolition of a specific apartment in Patna until the first hearing of the Tribunal's appeal, maintaining the status quo.
Status quo of the building/apartment at Plot No. 806 in Mohalla Dujra to be maintained until the first hearing of the pending appeal.
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.5789 of 2014
====================================================== 1. Manoj Kumar Bharti S/O Sri Ram Chandra Prasad Resident Of 204, Shaboo Complex, Exhibition Road, P.S. Gandhi Maidan, District - Patna, Managing Director Of M/S City Makers Pvt. Ltd. .... .... Petitioner/s Versus 1. The Patna Municipal Corporation, Mauryalok Complex, Dak Bunglow Road, P.S. Kotwali, District Patna Through Its Commissioner 2. The Municipal Commissioner, Patna Municipal Corporation, Mauryalok Complex, Dak Bunglow Road, P.S. Kotwali, District Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Sinha For the Respondent/s : Mr. Hargovind Singh Himkar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 02-04-2014 Heard Mr. Naresh Kumar Malhotra, learned Senior Advocate for the petitioner and Mr. H.S. Himkar for the respondent Patna Municipal Corporation (for short “the Corporation”).
Mr. Malhotra states that aggrieved by the order passed by the Municipal Commissioner in Vigilance Case No. 195A/2013, the petitioner has already filed appeal being Appeal No. 08/2014 before the Municipal Building Tribunal of the Corporation constituted under Section 329 of the Bihar Municipal Act. The matter is listed before the Tribunal No. I which is said to be non-functional. By the said order, the Respondent Commissioner has directed for demolition of part/portion of the
Patna High Court CWJC No.5789 of 2014 (2) dt.02-04-2014
2
apartment/building in question having been found the same in clear breach of the relevant provisions of the Act/Building ByeLaws. It is submitted that until the said Tribunal is made functional or the matter is transferred to the Bench which is functional, the operation of the order insofar as it relates to demolition of part/portion of the building/apartment is concerned be stayed.
Having heard the parties, the application is disposed of
by the following order:
Status quo in respect of the building/apartment in question situated at Plot No. 806 in Mohalla Dujra in the name of Sai City Apartment shall be maintained until the first date of hearing of the appeal preferred by the petitioner by the Tribunal. It will be open for the petitioner to seek any interim relief thereafter from the Tribunal after making out a case therefor.
(Kishore Kumar Mandal, J)
Pankaj/-
1 issue framed by the court
Whether to stay the operation of the demolition order pending a hearing before the non-functional Building Tribunal.
Manoj Kumar Bharti
The Patna Municipal Corporation
The Municipal Commissioner
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
