This petition challenged the allotment of unsafe land and sought relief against forced eviction. The court granted liberty to approach the District Magistrate for redressal.
Liberty granted to petitioners to approach District Magistrate within ten days for redressal of grievances.
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.3965 of 2023
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Patna High Court CWJC No.3965 of 2023 dt.02-08-2023 2/8
Patna High Court CWJC No.3965 of 2023 dt.02-08-2023 3/8
Panapur, Panapur, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, District- Patna.
Patna High Court CWJC No.3965 of 2023 dt.02-08-2023 4/8
Patna High Court CWJC No.3965 of 2023 dt.02-08-2023 5/8
Panapur, Patna, Bihar- 800012, Presently residing in a temporary shelter at Danapur Block, P.S.- Danapur, Village- Danapur, District- Patna.
... ... Petitioner/s
Versus
Patna High Court CWJC No.3965 of 2023 dt.02-08-2023 6/8
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Avanindra Kumar Jha For the Respondent/s : Mr.Md. Khurshid Alam (Aag12)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT
Date : 02-08-2023
The present writ petition has been filed seeking the following reliefs:-
“1(i). To hold and declare that action of the respondents concerned in compelling the petitioners by playing fraud/exerting pressure, threat and cheating the displaced mahadalit persons, and extracting consent from 114 families, including these petitioners, to accept the land / plot which is thoroughly unfit & unsafe for human habitation, on account of getting heavily submerged in the river Ganga, during the rainy season every year, due to its geological position (Under the Mahinawa bandh of river Ganga, 20 feet below the average plane in the area, and dangerously susceptible to erosion) is bad in law, arbitrary, discriminatory, against the policy of the state govt., malafide and unsustainable in the eye of law, hence fit to be deprecated by this Hon'ble Court.
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or writ in the nature of Mandamus commanding the respondents concemed to provide an alternative/safe and habitable land plot, to the petitioners as per the original order / policy contained in Memo Number 1724 dated 28.05.2022 (Annex-9) issued by the District Magistrate Patna.
(iii) For issuance of appropriate orders, direction or writ in the nature of Mandamus commanding the respondents concerned to constitute a high level committee comprising of members as this Hon'ble court deems fit and proper, to enquire into facts of huge corruption and misappropriation of government funds done in the process of allotting land to the petitioners as per order Number 1553 dated 25.05.2022 (Ann8) by the Special Secretary, Disaster Management Dept., Patna of amount of Rs.12,72,00,000.
(iv) For issuance of appropriate orders, direction or writ in the nature of Mandamus, restraining the respondents authorities from making any forceful removal of the petitioners from their temporary shelter, till the time a safe and habitable alternative accommodation /land/plot is provided to the petitioners.
Patna High Court CWJC No.3965 of 2023 dt.02-08-2023 8/8
grievances, however, the District Magistrate, Patna, be directed to take a decision within a fixed time frame.
(Mohit Kumar Shah, J)
| Ajay/- | |
|---|---|
| AFR/NAFR | NAFR |
| CAV DATE | NA |
| Uploading Date | 2.8.2023 |
| Transmission Date | NA |
1 issue framed by the court
Whether petitioners can be directed to approach District Magistrate for redressal within a fixed time frame.
Urmila Devi and others
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
