The Court held that prayers to set aside the impugned order became infructuous as constructions were demolished and new ones built during the stay. Appeals disposed with liberty to the Municipal Corporation to proceed.
Liberty granted to the successor Patna Municipal Corporation to proceed in accordance with law if required.
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
Letters Patent Appeal No.1221 of 2002 IN
Versus
.... .... Respondents 1st Set (Petitioners)
… …. Respondent 2nd set
with
=========================================================== Letters Patent Appeal No. 1222 of 2002
IN
Civil Writ Jurisdiction Case No. 8447 of 2002
Patna High Court LPA No.1221 of 2002 dt.15-04-2015
2/3
Patna
…. … Respondents 1st Set
.... .... Respondents 2nd set
with
===========================================================
Letters Patent Appeal No. 1257 of 2002 IN
Civil Writ Jurisdiction Case No. 8651 of 2002
===========================================================
.... .... Appellants (Respondents)
Versus
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
.... .... Petitioner/Respondent
===========================================================
Appearance :
(In LPA No. 1221 of 2002)
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.
===========================================================
CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 15-04-2015
In these appeals, notice was issued in admission matter under order dated 20.01.2005 and the operation of the impugned order
Patna High Court LPA No.1221 of 2002 dt.15-04-2015
3/3
passed by learned Single Judge of this Court dated 16.09.2002 in CWJC No. 8466 of 2002 and analogous matters was stayed.
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.
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.
(V.N. Sinha, J.)
(Ahsanuddin Amanullah, J.)
Arjun/-
U
Patna Regional Development Authority
Smt. Suman Gupta
Rajendra Prasad
Shashi Shekhareshwar Pd. Narayan Singh
V.N. SINHA
AHSANUDDIN AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
