Writ petition by alleged tenants seeking to prevent demolition of shops on temple premises. Court held petitioners, being mere tenants without landlord's intervention, are not appropriate parties and disposed of the application.
Application disposed with liberty to the petitioners to take steps before the appropriate forum.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18274 of 2019
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... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Ms. Kalpana, Advocate For the State : Mr. Rakesh Ambastha, AC to AAG 7 For the PMC : Mr. Prabhakar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 08-01-2020
Heard learned counsel for the petitioners; learned AC
to AAG 7 for the State and learned counsel for the Patna
Patna High Court CWJC No.18274 of 2019 dt.08-01-2020
2/4
Municipal Corporation (hereinafter referred to as the 'Corporation').
"(i) In the nature of "Mandamus" directing and commanding the respondent authorities not to demolish perspective shops of the petitioners for which they have already been paying rent to the landlord regularly.
(ii) For declaration that the shops of the petitioners were not constructed over a Government Land nor have the petitioners encroached any public land in any manner."
Patna High Court CWJC No.18274 of 2019 dt.08-01-2020 3/4
been brought on record. It was further submitted that even if the contention of the petitioners is accepted for the sake of argument, at best, the land belongs to the Mandir and the management of the same has to move before the appropriate forum, if any structure constructed by them or land belonging to them is threatened to be demolished or taken over by the authorities. It was submitted that the same not having been done, at the instance of the petitioners, the Court may not interfere in the matter.
Patna High Court CWJC No.18274 of 2019 dt.08-01-2020 4/4
off with liberty to the petitioners to take steps before the appropriate forum, in accordance with law, if so required.
(Ahsanuddin Amanullah, J)
Anjani/- AFR/NAFR U
2 issues framed by the court
Whether the Court can grant relief in a writ petition filed by alleged tenants regarding demolition of structures on temple premises when the landlord has not taken action.
Whether the petitioners are entitled to seek protection against demolition on land they only claim to rent.
Jitendra Kumar and others
The State of Bihar
Patna Municipal Corporation
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
