Disposed

Prashant Kumar Kashyap v. The State of Bihar

Patna HC20 Jun 2023CWJC/6306/2023

Case brief

AI extract

What is this about?

A single judge bench disposed of a writ petition concerning a construction stop work order. The court clarified the appellate authority and directed the Municipal Commissioner to redress the petitioner's grievance within three months. The petition was disposed of without further determination on the quashing of the stop order.

What did the court decide?

Directed the Executive Officer to transmit the appeal to the Municipal Commissioner, who must redress the grievance and communicate the decision within three months of the order.

Prashant Kumar Kashyap Vs The State of Bihar — Landlord and Tenant | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6306 of 2023

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Prashant Kumar Kashyap Son of Sri Umashankar Singh, Resident of VillageBarashankar, P.S.- Patahi, District- East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Urban Development and Housing Department Govt. of Bihar

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The District Magistrate, East Champaran, Motihari.

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The Municipal Commissioner, Motihari Municipal Corporation, East Champaran.

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The Executive Officer, Nagar Parishad, Motihari, East Champaran.

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The Junior Engnieer, Nagar Parishad, Motihari, East Champaran.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Respondent/s : Mr. Subhash Pd. Singh, GA-3 Mr. Shiv Kumar, AC to GA-3 For Respondent no.3 : Mr. Surendra Prasad Singh, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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Date : 20-06-2023

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In the instant case, the petitioner has prayed for the following relief(s):-

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“1. For issuance of a writ in the nature of the Mandamus commanding and directing the respondents to necessary order on the application filed on 2.7.22 and 21.8.22 filed by the petitioner as contained in annexure- 9 to the writ petition whereby and where under till today no such order has been passed by the competent authority i.e the Muncipal Commissioner, Motihari Muncipal

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Patna High Court CWJC No.6306 of 2023 dt.20-06-2023

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2/3

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Corporation, East Champaran (Respondent No.-3) regard to grievance of petition.

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II) For issuance of a writ in the nature of Certiorari for quashing of the Letter No 2314 dated 03-08-2018 issued under the signature of the Executive Officer, Nagar Parishad Motihari, East Champaran (Respondent No.-3) as contained in annexure-7 to the writ petition whereby and where under the Petitioner has been directed to stop the construction upon the roof of the building situated near sadar hospital, Rajendra Market and Karpuri Market, Motihari, East Champaran till the further order of the District Collector, Motihari, East Champaran

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III) For the issuance of a writ in the nature of Mandamus commanding and directing the respondents to allow the Petitioner for making construction upon the roof of building situated near sadar hospital Rajendra Market and Karpuri Market, Motihari, East Champaran in terms of agreement dated 31-03-2018 contained in annexure-5 to this writ petition prepared in between the petitioner and the respondent concern.

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IV) For any other relief/reliefs for which the petitioner is entitled from the facts and circumstances of the case.”

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Perusal of the record, it is evident that the petitioner has submitted appeal before the 4^th respondent, the Executive Officer, Nagar Parishad, Motihari, East

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Patna High Court CWJC No.6306 of 2023 dt.20-06-2023

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3/3

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Champaran.

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On the other hand, learned counsel for the respondents submitted that appellate authority would be respondent no.3, the Municipal Commissioner, Motihari, Municipal Corporation, East Champaran. If it is so, the 4^th respondent is hereby directed to transmit the paper to the 3^rd respondent and qua, the 3^rd respondent is hereby directed to take suo motu grievances of the petitioner and redress the same within a reasonable period of three months from today.

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The 3^rd respondent is hereby directed to communicate the decision taken by him to the petitioner at the earliest.

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With the above observation, the instant petition stands disposed of.

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(P. B. Bajanthri, J)

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( Jitendra Kumar, J)

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Amrendra/-

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AFR/NAFR
CAV DATE
Uploading Date	24.06.2023
Transmission Date

Prashant Kumar Kashyap v. The State of Bihar

Case brief

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Prashant Kumar Kashyap v. The State of Bihar

Case brief

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