The Patna High Court dismissed a writ application seeking a mandamus to prevent demolition of shops in the Quadiri Building. The Court observed the petition was frivolous due to lack of prior notice.
The writ application was dismissed. No notice for demolition had been issued prior to passing the order.
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.14615 of 2019
======================================================
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate For the Respondent/s : Mr. Raj Kishore Roy, GP 18 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
3 27-06-2023 Heard the parties.
The present writ application has been filed in the
nature of mandamus directing the respondents not to demolish the building known as Quadiri Building and other structures constructed within the campus of the said building, situated in New Market, near Budh Marg, Patna where the petitioners have been running their respective shops for long time.
From the prayer of the petitioners, it is clear that there is no notice for demolition nor for last four years, any one has demolished their structures and as such, this Court can only
Patna High Court CWJC No.14615 of 2019(3) dt.27-06-2023 2/2
observe that this is a frivolous petition.
The same is accordingly dismissed.
It goes without saying that any demolition can be
done by any authority only in accordance with law after putting the concerned person on notice.
(Rajiv Roy, J)
Neha/-
U
2 issues framed by the court
Whether the writ application directing respondents not to demolish buildings should be allowed.
Whether the petitioners were given proper notice before potential demolition.
Md. Firoz
Mohammad Zainul Abdin
mamoon Rashid
State of Bihar Through the Principal Secretary, Department of Land Reforms and Revenue, Govt. of Bihar
District Magistrate, Patna
Patna Municipal Corporation
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
