Disposed

Ranveer Abhimanyu v. The State Of Bihar and Ors.

Patna HC2 May 2023CWJC/18506/2018

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition regarding a dilapidated building. Instead of granting immediate demolition, the Court directed the petitioner to submit a fresh representation to the Municipal Commissioner with clarified facts for independent action.

What did the court decide?

Direction to petitioner to file a fresh representation with clarified facts before the Municipal Commissioner by 31.05.2023.

Ranveer Abhimanyu Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18506 of 2018

¶2

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

¶3

Ranveer Abhimanyu son of Late Kedar Prasad Gupta resident of Mohalla - Chhoti Saraiya Gunj, P.S. Town, District - Muzaffarpur.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna

¶7

Muzaffarpur Municipal Corporation through the Municipal Commissioner, Muzaffarpur.

¶8

Muzaffarpur Municipal Commissioner, Muzaffarpur.

¶9

Sanjeev Kumar son of Late Brij Kishore Singh Near Jangali Mai Asthan, Balughat, P.S. Town, District Muzaffarpur, Private Secretary to Minister of Urban Development and Housing Department.

¶10

Mangaleshwar Sharma son of Late Kanhaiya Lal Sharma Tenant Bharat Jalpan Chhoti Saraiyagunj, P.S. Town, District Muzaffarpur.

¶11

Rama Shankar Singh Son of Uma Shankar Singh Bharat Jalpan Mohalla Chhoti Saraiyagunj, P.S. Town, District Muzaffarpur.

¶12

Executive Engineer, Building Construction Department, P.W.D. Manipur, Muzaffarpur.

¶13

... ... Respondent/s

¶14

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

¶15

Appearance : For the Petitioner/s : Mr. Nagadeo Choubey, ADvocate Mr. S. Parasmani, Advocate For the Respondent/s : Mr. Subhash Prasad Singh, GA-3 Mr. Indeshwari Prasad Mandal, AC to GA-3 For the M.C., Muzaf. : Mr. Anurag Saurabh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶16

2 02-05-2023

¶17

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the Muzaffarpur Municipal Corporation Mr. Anurag Saurabh.

¶18

Learned counsel for the petitioner at the outset seeks time for filing a supplementary affidavit bringing on record subsequent development which has taken place after filing of the present writ application. It is further submitted that the petitioner has filed the present writ application for a direction upon the

¶19

Patna High Court CWJC No.18506 of 2018(2) dt.02-05-2023 2/3

¶20

Municipal Authority to perform their statutory duty as mandated under Section 276 of the Bihar Municipal Act, 2007 and to demolish the house in question which is in a dilapidated condition.

¶21

Learned counsel submits that initially the Municipal Commissioner, Muzaffarpur, after getting a report with respect to the building in question, had ordered for demolition but subsequently he reviewed his own order based on a second inquiry and cancelled the earlier order by which the order for demolition of the house in question was passed. Learned counsel further submits that it is not in dispute that the building in question also had tenants but presently there are no tenants and the front portion of the house has fallen on its own and the building now has become more dangerous. Learned counsel for the petitioner next submits that the Municipal Commissioner, Muzaffarpur relied on the second report of the Engineer of the Building Construction Department for recalling his earlier order directing demolition. It is also submitted that now since the front portion of the building in question has fallen, as such, it has become dangerous to life and in the event if any catastrophe happens who will be responsible for the same. It is further submitted by the petitioner at the cost of repetition that as on date there are no tenants in the building.

¶22

Learned counsel for the Municipality submits that the writ application may be disposed of with a direction to the petitioner to file a fresh representation placing on record with

¶23

Patna High Court CWJC No.18506 of 2018(2) dt.02-05-2023 3/3

¶24

clarity the facts which have been pleaded before this Court so that the Municipal Commissioner, Muzaffarpur now again can independently apply his mind and take a fresh action.

¶25

Considering the submission made by the learned counsel for the parties, the writ application is disposed of with a direction to the petitioner to file a fresh representation bringing on record with clarity the entire facts before the Municipal Commissioner, Muzaffarpur.

¶26

In the event, if any representation is filed by the petitioner before the Municipal Commissioner, Muzaffarpur by 31.05.2023, the Municipal Commissioner, Muzaffarpur shall consider and dispose of the representation expeditiously preferably within a period of one month from the date of receipt of the representation in accordance with law.

¶27

Learned counsel for the petitioner, at this stage, submits that the petitioner is willing to demolish the building in question at his own cost provided the Municipal Commissioner, Muzaffarpur agrees.

¶28

(Satyavrat Verma, J)

¶29

Kundan/-

¶30

Ranveer Abhimanyu v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ranveer Abhimanyu v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nitesh Gaurav Vs The State Of Bihar and Ors.

Shweta Devi Vs The State of Bihar

Santosh Kumar Vs Mozibur Rahman @ Md. Mozibur Rahman

Parwati Devi and Ors. Vs The State Of Bihar and Ors.

Jaymala Devi Vs The State Of Bihar and Ors.

Thakur Shyam Sundar Maharaj Through Its Sevayat Jugal Kishore Mandal Vs The State Of Bihar and Ors.