Disposed

P.R.D.A. and Anr. v. Smt.Suman Gupta and Ors.

Patna HC15 Apr 2015L.P.A/1221/2002

Case brief

AI extract

What is this about?

The High Court disposed of three Letters Patent Appeals filed by PRDA against a Single Judge order staying an impugned decision. Since the authorities had already proceeded and constructions were demolished during the delay caused by the stay, the present prayers were declared infructuous.

What did the court decide?

Appeals disposed of; liberty granted to successor Patna Municipal Corporation to proceed.

P.R.D.A. and Anr. Vs Smt.Suman Gupta and… — Constitutional and Fundamental Rights | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.1221 of 2002 IN

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Civil Writ Jurisdiction Case No. 8690 of 2002

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=========================================================== 1. Patna Regional Development Authority, Maurya Lok Complex, P.S. Kotwali, District Patna through the Vice-Chairman, P.R.D.A. Patna

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The Vice-Chairman, PRDA, Maurya Lok Complex, P.S. Kotwali, District Patna .... .... Appellants (Respondents)

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Versus

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Smt. Suman Gupta wife of Raja Babu Gupta

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Harish Kumar Gupta son of Raja Babu Gupta

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Manorama Devi wife of Gobind Prasad Gupta

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Puran Lal Agarwal son of Late Kanak Chandra. All resident of Bander Bagicha, P.S. Kotwali, District Patna

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.... .... Respondents 1^st Set (Petitioners)

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State of Bihar through the Secretary, Urban Development Department, New Secretariat, Patna

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District Magistrate, Patna

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… …. Respondent 2^nd set

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with

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=========================================================== Letters Patent Appeal No. 1222 of 2002

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Civil Writ Jurisdiction Case No. 8447 of 2002

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=========================================================== 1. Patna Regional Development Authority, Maurya Lok Complex, P.S. Kotwali, District Patna through the Vice-Chairman, P.R.D.A. Patna

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The Vice-Chairman, PRDA, Maurya Lok Complex, P.S. Kotwali, District Patna .... .... Respondents/Appellants Versus

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Rajendra Prasad son of Shankar Prasad resident of Chirainya Tand Chauraha, P.S. Kankarbagh, District Patna

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Umesh Kumar son of Sawan Mal, resident of Patna City, P.S. Alamganj, District – Patna

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Shri Gopal son of Hira Lal Poddar, resident of Christan Colony, Lodipur, P.S. Gandhi Maidan, District Patna

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Md. Ayub, son of Late Buland Mian, resident of Dadar Mandi, P.O. Gulzarbagh, Patna, District Patna

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Narendra Kumar, son of Gajdev Mahto, resident of PNT Colony, Kidwaipuri, District Patna

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Eqbal Ahmad, son of Md. Shahabuddin, resident of Sultanganj, near Kalka School, Patna -6

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Safiquer Rahman, son of Late Md. Siddque resident of Bakerganj, Gola Road, Patna-4

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Welayat Ali, son of Late Humanyun Nawab, resident of 7, Galaxy Apartment, NPP Colony, Patna-13

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Md. Illiyas, son of Late Md. Gafar, resident of Danapur, Cantt., Danapur, District – Patna

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M.K. Atul, son of Late B.K. Sahay, resident of K-18 P.C. Colony, Kankarbagh,

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Patna High Court LPA No.1221 of 2002 dt.15-04-2015

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2/3

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Patna

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Safadar Imam, son of Late Hassan Imam, resident of Lane Muradpur, Patna-4, District Patna

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A.R. Khan @ Atikkna, son of A. Majeed Khan, resident of C/o Hasan Manzil, Fraser Road, Patna-1

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Javed Eqbal, son of Late Khalilur Rahman, resident of Hassan Manzil, Fraser Road, Patna-1

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…. … Respondents 1^st Set

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State of Bihar

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Executive Engineer, PRDA, Maurya Lok Complex, Patna-1

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.... .... Respondents 2^nd set

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with

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===========================================================

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Letters Patent Appeal No. 1257 of 2002 IN

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Civil Writ Jurisdiction Case No. 8651 of 2002

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===========================================================

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Patna Regional Development Authority, Maurya Lok Complex, P.S. Kotwali, District Patna through the Vice-Chairman, P.R.D.A. Patna

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The Vice-Chairman, PRDA, Maurya Lok Complex, P.S. Kotwali, District Patna

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.... .... Appellants (Respondents)

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Versus

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Shashi Shekhareshwar Pd. Narayan Singh @ Shashi Shekhreshwar Prasad, son of late Sri Chandeshwar Prasad Narayan Singh, resident of Mohalla – Dak Bunglow Road, P.S. Kotwali, District - Patna

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.... .... Petitioner/Respondent

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===========================================================

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Appearance :

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(In LPA No. 1221 of 2002)

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For the Appellant/s : Mr. Sanjay Prakash Verma, Advocate For the Respondent/s : Mr. (In LPA No. 1222 of 2002) For the Appellant/s : Mr. Sanjay Prakash Verma, Advocate For the Respondent/s : Mr. (In LPA No. 1257 of 2002) For the Appellant/s : Mr. Sanjay Prakash Verma, Advocate For the Respondent/s : Mr.

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===========================================================

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CORAM: HONOURABLE MR. JUSTICE V.N. SINHA

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 15-04-2015

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In these appeals, notice was issued in admission matter under order dated 20.01.2005 and the operation of the impugned order

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Patna High Court LPA No.1221 of 2002 dt.15-04-2015

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3/3

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passed by learned Single Judge of this Court dated 16.09.2002 in CWJC No. 8466 of 2002 and analogous matters was stayed.

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From the office note, it appears that the notice issued on the concerned respondent has not yet been served. During the pendency of the appeals because of the stay of the impugned order, the authorities of the then PRDA proceeded and the constructions were demolished and new constructions have also come up.

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In the circumstances, prayer made in the appeals to set aside the order of the learned Single Judge has become infructuous and in that view of the matter, we dispose of the three appeals granting liberty to the successor Patna Municipal Corporation to proceed in accordance with law, if required.

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(V.N. Sinha, J.)

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(Ahsanuddin Amanullah, J.)

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Arjun/-

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P.R.D.A. and Anr. v. Smt.Suman Gupta and Ors.

Case brief

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P.R.D.A. and Anr. v. Smt.Suman Gupta and Ors.

Case brief

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