Disposed

Krishna Prasad Gupta v. The State of Bihar

Patna HC6 Oct 2021CWJC/16839/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition challenging the demolition order by granting liberty to the petitioners to approach the Municipal Commissioner with representations and documents to prove their title, directing maintenance of status quo until disposal.

What did the court decide?

Liberty to petitioners to approach Municipal Commissioner to file representation and documents; status quo maintained; disposal of writ petition.

Krishna Prasad Gupta Vs The State of Bihar — Property and Title | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16839 of 2021

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Krishna Prasad Gupta (male) aged about 70 years, Son of Late Thakur Prasad Gupta

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Sanjeet Kumar Gupta @ Sanjiv (male) aged about 40 years, son of Krishna Prasad Gupta

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Manish Kumar Gupta (male) aged about 40 years, son of Rajendra Prasad Gupta

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All Residents of Mohalla-Lohanipur, P.S.-Kadamkuan, District-Patna, A/presidents of Jakariyapur, Bari Pahari, Transport Nagar Gate No-1 Opposite Paswan Petrol Pump, Gandhi Setu Road, P.S.-Agamkuan DistrictPatna,800007.

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Magistrate-Cum-Collector, Patna.

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The Additional Collector, Law and Order, Patna.

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District Land Acquisition Officer, Patna.

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Addl. District Land Acquisition Officer, Patna.

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Circle Officer, Patna Sadar, District-Patna.

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Sr. Superintendent of Police, Patna.

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Superintendent of Police, Traffic, Patna.

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Dy. S.P. Pariksha (Reserved) Patna Sadar, Patna,.

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Dy. S.P., Town Patna.

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Dy. S.P. Central, Patna.

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Officer-in-Charge, Agamkuan Police Station, Dist.-Patna.

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Patna Municipal Corporation, Patna through its Municipal Commissioner, Patna

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The Municipal Commissioner, Patna Municipal Corporation, Patna.

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Addl. Municipal Commissioner Patna Municipal Corporation, Patna.

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Executive Magistrate, Kankarbagh, Circle, Patna Municipal Corporation, Patna.

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Kamlesh Kumar Son of Name Not Khown to the Petitioner, Assistant Engineer, Kankarbagh Circle, Patna Municipal Corporation, Patna.

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... ... Respondent/s

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======================================================

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Appearance :

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Patna High Court CWJC No.16839 of 2021(2) dt.06-10-2021 2/5

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For the Petitioner/s	:	Mr. Dronacharya, Sr. Adv. Ms.Shruti Sinha, Adv. Mr. Md. Ashghar Jamal, Adv.
For the State	:	Mr.Md. Ashif Kalim, AC to AAG-12
For the PMCH ==============	: =====	Mr. Sanjay Prakash Verma, Adv. ===================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 06-10-2021

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The present writ petition has been filed seeking quashing of the order dated 26.6.2021, issued by the Additional Collector, Law & Order, Patna whereby and whereunder the house of the petitioner, constructed over khata no. 22, plot no. 227, area 2 katha 10 dhur 6 ¼ dhurki, purchased by late Kishori Devi i.e. the ancestor of the petitioner by a registered sale deed dated 30.3.1973, from the original owner, namely, Late Kashi Mahto and others, has been directed to be demolished.

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The learned Senior Counsel for the petitioners, Sri Dronacharya, assisted by Ms. Shruti Sinha and Md. Ashghar Jamal, Advocate, submits that from the impugned order dated 26.6.2021, it appears that the Municipal Commissioner, Patna Municipal Commissioner, Patna, has, by his order dated 30.4.2021, directed the Collector, Patna to

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Patna High Court CWJC No.16839 of 2021(2) dt.06-10-2021 3/5

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provide police force for the purposes of removal of the encroachment in question, which also includes the three storeyed house of the petitioners, however, it is submitted that neither any show cause notice was ever issued to the petitioners nor the petitioners were directed to produce the documents, pertaining to the right, title and possession of the three storeyed house in question, hence, the petitioners have been deprived of adequate opportunity to put forth their defence, which has resulted in gross injustice to the petitioners. The learned Senior Counsel for the petitioners has further submitted that the petitioners be granted an opportunity to approach the Municipal Commissioner, Patna Municipal Corporation, Patna, so that they can explain their case regarding them being in possession of the property in question, pursuant to existence of a valid registered sale deed, whereafter, even mutation has been carried out in the name of the petitioners and the petitioners are paying rent/ revenue regularly.

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Patna High Court CWJC No.16839 of 2021(2) dt.06-10-2021 4/5

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The learned counsel for the Patna Municipal Corporation, Sri Sanjay Prakash Verma and the learned counsel for the State, Md. Ashif Kalim (AC to AAG-12), have got no objection in case, the petitioners approach the Municipal Commissioner, Patna Municipal Corporation, Patna, with regard to the redressal of their aforesaid grievances.

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Accordingly, the present writ petition stands disposed of with liberty to the petitioners to approach the Municipal Commissioner, Patna Municipal Corporation, Patna, for redressal of their aforesaid grievances for which purposes, the petitioners are directed to file appropriate representation along with all the relevant documents regarding their right, title and interest in the house / building in question, within a period of four weeks from today, whereupon the Municipal Commissioner, Patna Municipal Corporation, Patna, i.e. the Respondent No. 12, shall consider the same, in accordance with law and pass a speaking and a reasoned order.

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Patna High Court CWJC No.16839 of 2021(2) dt.06-10-2021 5/5

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It is further directed that till the disposal of the representation, to be filed by the petitioners within a period of four weeks from today, no coercive action shall be taken against the petitioners and status quo, existing as on today, shall be maintained, qua the house in question.

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The writ petition stands disposed of.

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(Mohit Kumar Shah, J)

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Ajay/-

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Krishna Prasad Gupta v. The State of Bihar

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Krishna Prasad Gupta v. The State of Bihar

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