The Court held that it could not issue a direction to lock a milk booth situated on government land as it would amount to approbation of unauthorized construction. Consequently, the writ application was not entertained and dismissed.
Petitioner's writ application is dismissed as it cannot be entertained.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2059 of 2019
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Pintu Kumar @ Gyan Shankar Bhagat, son of Mahendra Prasad Bhagat, resident of Vill- Sabalpur, P.S-Panjwara, Banka
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Prabhat Ranjan Singh For the Respondent/s : Mr.Raj Kishor Rai (GP18) ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 17-04-2019 Petitioner, in the present case, is aggrieved by the direction of respondent no.3 to lock the Sudha Milk Parlor of the petitioner. It is the case of the petitioner that the Sudha Milk Parlor is situated at Papharni, Mandarhill, Banka at some distance from the road, but in course of hearing it is admitted by learned counsel for the petitioner that the booth is standing at a government land.
Since the booth is standing at a government land, this Court, sitting in its writ jurisdiction under Article 226 of the Constitution of India, would not be willing to issue any such direction to respondent no.3 which would amount to putting a
Patna High Court CWJC No.2059 of 2019(2) dt.17-04-2019 2/2
seal of approval on the running of the milk booth by raising a construction on a government land unauthorizedly.
This writ application, as framed, cannot be entertained
for grant of the reliefs prayed by the petitioner. The same is dismissed.
Learned counsel for the respondent nos.4 and 5 is
present.
(Rajeev Ranjan Prasad, J)
arvind/-
U
2 issues framed by the court
Whether this Court can issue a direction to lock the milk booth situated on government land without giving a seal of approval to unauthorized construction.
Whether the present writ application can be entertained for grant of the reliefs prayed by the petitioner.
1 provisions across 1 enactments
Pintu Kumar @ Gyan Shankar Bhagat
The State Of Bihar
The Sub Divisional Officer, Banka
The Circle Officer, Baunsi, District- Banka
The Vikramshila Dugdh Utpadak Sahakari Sangh Ltd
The Managing Director, Vikramshila Dugdh Utpadak Sahakari Sangh Ltd.
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
