Petitioners challenged vacuum notices issued by Darbhanga Municipal Corporation to vacate allotted shops. Copies of orders superseding and withdrawing said notices rendered the cause of action infructuous, leading to dismissal.
Writ petition disposed of as infructuous.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
| Civil Writ Jurisdiction Case No.2548 of 200 ============================================== |
2 ============= |
|---|---|
| 1. Pawan Kumar, son of late Krishna Prasad, resident of Laheriasarai, District-Darbhanga. |
Bakarganj, P.S.- |
| 2. Jagannath Kapri, son of Ram Kripal Kapri, resident of Raje Laheriasarai, District-Darbhanga. |
ndra Market, P.S.- |
| 3. Dharam Raut, son of Ram Chandra Raut, resident of L L.N.Mithila University, District-Darbhanga. |
axmi Sagar, P.S.- |
| 4. Govind Kumar, son of Bishnu Narayan Pradhan, resident of Laheriasarai, district-Darbhanga. |
Gudri Bazar, P.S.- |
| 5. Raghunath Gara, son of Rameshwar Gara, resident of Laheriasarai, District-Darbhanga. |
Bakarganj, P.S.- |
| 6. Vishwanath Sah, son of Chhatu Sah, resident of Bakarganj, District-Darbhanga. |
P.S.-Laheriasarai, |
7. Veena Devi, wife of Ram Bilash Mahatha, resident of Laheriasarai, District-Darbhanga. |
Rahamganj, P.S.- |
| 8. Sunita Purve, wife of Pravin Purve, resident of Bakarganj, District-Darbhanga. |
P.S.-Laheriasarai, |
| 9. Fakira Mahto, son of Bikan Mahto, resident of Bakarganj, District-Darbhanga. |
P.S.-Laheriasarai, |
10. Shivnath Sah, son of Baidyanath Sah, resident of Bakarganj, District-Darbhanga. |
P.S.-Laheriasarai, |
| 11. Aanpurna Devi, wife of Ashok Panjiyar, resident of Laheriasarai, District-Darbhanga. |
Belwaganj, P.S.- |
| 12. Dilip Sah, son of Kanhai Sah, resident of Gudri Bazar, District-Darbhanga. |
P.S.-Laheriasarai, |
| 13. Moh. Sabbir, son of Makri Ansari, resident of Dildarganj, District-Darbhanga. |
P.S.-Laheriasarai, |
| 14. Hari Narayan Mahto, son of Ram Lakhan Mahto, resident o Laheriasarai, District-Darbhanga. |
f Bakarganj, P.S.- |
15. Suresh Sah, son of Ram Prasad Sah, resident of Saidnagar, District-Darbhanga. |
P.S.-Laheriasarai, |
16. Jagdish Sah, son of Sewak Sah, resident of Bakarganj, District-Darbhanga. |
P.S.-Laheriasarai, |
17. Laxman Panjiyar, son of Ramawtar Panjiyar, resident of Laheriasarai, District-Darbhanga. ... Versus 1. The State of Bihar |
Belwaganj, P.S.- . .... Petitioner/s |
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Amish Kumar For the Respondent nos.2&3: Mr. Bindhyachal Rai
=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
Patna High Court CWJC No.2548 of 2002 dt.14-07-2015
2
ORAL JUDGMENT Date: 14-07-2015
The petitioners, 17 in number, have filed the present writ petition under Article 226 of the Constitution of India assailing the validity and correctness of the notices dated 05.02.2002 issued under the signature of the Administrator, Darbhanga Municipal Corporation, Darbhanga (respondent no.3), as contained in Annexure-5 series, whereby they were directed to vacate their respective shops allotted to them located at Rajendra Market (Gudri Bazar), Laheriasarai within a period of 15 days.
The present matter was earlier heard by a Bench of this Court on 21.02.2002 and by the aforesaid order, by way of interim measure, it was directed that until further orders from this Court, the petitioners shall not be evicted from the shops occupied by them. The present writ petition was admitted for hearing by an order dated 25.06.2002 and the interim order granted earlier was confirmed.
It is not in dispute that, in view of the interim order passed by this Court earlier, the petitioners were not evicted from the shops in question. It is the case of the petitioners that, in fact, they are still in possession over the same.
In the light of the orders dated 31.03.2015, 14.05.2015 as also 22.06.2015 passed by a Bench of this Court, a supplementary counter affidavit on behalf of the respondent nos.2 and 3 was filed on 10th July, 2015 after service of its copy upon the learned counsel appearing on behalf of the petitioners. In the aforesaid supplementary counter affidavit, it has been stated in paragraph nos.4 and 5 that the Darbhanga Municipal Corporation has taken a decision not to get Rajendra Market vacated and reconstructed on account of lack of money. It has further been stated that in the light of the decision taken by the Darbhanga Municipal Corporation, the respondent Municipal
Patna High Court CWJC No.2548 of 2002 dt.14-07-2015
3
Commissioner has issued different orders dated 03.07.2015, which all have been brought on record as Annexure-A series to the aforesaid supplementary counter affidavit, whereby the impugned notices dated 05.02.2002 (Annexure-5 series to the writ petition) have been withdrawn for the reasons recorded in that order.
After having heard the parties and taking into consideration the aforesaid orders dated 03.07.2015 (Annexure-A series to the aforesaid supplementary counter affidavit filed on behalf of the respondent nos.2 and 3), this Court is of the considered opinion that the present matter has become infructuous since cause of action does not survive.
Accordingly, the present writ petition is disposed of as infructuous.
(Birendra Prasad Verma, J)
Arvind/-
U
1 issue framed by the court
Whether the writ petition for eviction from shops remained maintainable after respondent orders withdrawing the earlier notice.
1 provisions across 1 enactments
Pawan Kumar
The State of Bihar
Darbhanga Municipal Corporation
Administrator, Darbhanga Municipal Corporation
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
