The Letters Patent Appeal was disposed of as infructuous because the underlying Single Judge order was stayed during pendency, allowing demolition by authorities. Liberty granted to the Municipal Corporation to proceed if required.
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. 1265 of 2002
Arising out of
Civil Writ Jurisdiction Case No. 8750 of 2002
.... .... Appellant/s/Respondent/s Versus Md. Badiuzzaman, son of Late H. Nurul Hoda, resident of Zaman Manjil, opposite Catholic Church, Ashok Raj Path, P.S.-Pirbahore, District-Patna.
.... .... Petitioner/s Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
In the present appeal notice was issued in admission matter under order dated 20.01.2005 and the operation of the impugned order passed by learned Single Judge of this Court dated 16.09.2002 in CWJC No. 8750 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 present appeal 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 present
Patna High Court LPA No.1265 of 2002 dt.16-04-2015
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appeal to set aside the order of the learned Single Judge has become infructuous and in that view of the matter, we dispose of the appeal granting liberty to the successor Patna Municipal Corporation to proceed in accordance with law, if required.
(V.N. Sinha, J.) (Ahsanuddin Amanullah, J.)
Anand Kr.
U
Patna Regional Development Authority
Md. Badiuzzaman
V.N. Sinha
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
