Vinod Kumar v. The State Of Bihar and Ors.
Case brief
What is this about?
High Court closed a public interest litigation writ petition involving disputed facts concerning demolition. The court declined to demolish structures at this stage, granting the petitioner liberty to take appropriate legal recourse.
What did the court decide?
Liberty granted to petitioner to take recourse to appropriate provisions of law.
What the court decided
A compact analysis
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.2216 of 2015
====================================================== 1. Vinod Kumar Son of Late Kunwar Mahto Resident of Village - Nahub, P.S- Rajgir, District - Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar 2. The District Magistrate, Nalanda. 3. The Sub Divisional Officer, Rajgir, Nalanda. 4. The Circle Officer, Rajgir, Nalanda. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar, Advocate For the Respondent/s : Mr. Ajay, GA-5 Mr. P.K. Sinha, AC to GA-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
- 3 05-09-2016 Heard Mr. Sudhir Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. P.K. Sinha, learned Assistant Counsel to Government Advocate No.5, appearing on behalf of the State-respondents.
Having perused the pleadings in the writ petition, which has been filed, in the nature of Public Interest Litigation, under Article 226 of the Constitution of India, and upon hearing learned counsel for the parties, this writ petition is closed with liberty to the petitioner to take recourse to appropriate provisions of law inasmuch as it would not be permissible in law to demolish
Patna High Court CWJC No.2216 of 2015 (3) dt.05-09-2016
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Issues for consideration
1 issue framed by the court
Whether demolition of disputed structures at a belated stage in PIL involving disputed questions of fact is permissible.
Parties & counsel
- petitioner
Vinod Kumar
- respondent
The State of Bihar
- respondent
The District Magistrate, Nalanda
- respondent
The Sub Divisional Officer, Rajgir, Nalanda
- respondent
The Circle Officer, Rajgir, Nalanda
Case details
As recorded by the court registry
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