High Court disposed of a writ petition seeking stay on shop construction and quashing of advertisements, directing the Principal Secretary to ensure future development adheres to a master plan or prepare one first.
Directed Principal Secretary to ensure construction complies with master plan or prepare one before development.
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.7475 of 2023
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the State : Mr. Kameshwar Prasad Gupta, GP-10 Mr. Satya Vrat, AC to GP-10 For Zila Parishad : Mr. Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 18-12-2023
Heard Mr. Md. Najmul Hodda, learned counsel
Patna High Court CWJC No.7475 of 2023 dt.18-12-2023 2/3
appearing on behalf of the petitioners; Mr. Kameshwar Prasad Gupta, learned GP-10 assisted by Mr. Satya Vrat, learned AC to learned GP-10 and Mr. Nikesh Kumar, learned counsel for the Zila Parishad, Khagaria.
following relief(s), which inter alia is reproduced hereinafter:
“(i) For issuance of a writ of mandamus or any other appropriate writ order or direction restraining the Chief Executive Officer, Zila Parishad Khagaria from constructing 102 stall/shop by the side and upon the land of Public Road (Sultanganj, Aguwani Parbatta Maheshkhut Main Road) in gross violation and objection raised by the general public and the public Road Construction Department situated.
(ii) For issuance of a writ of certiorari or any other appropriate writ order or direction for quashing the Advertisement for allotment of the aforesaid 102 stalls/shop in requisite and prescribed forms up to 27.04.2023.
(iii) For issuance of an appropriate writ order or direction for grant of an ad-interim stay of the Advertisement for allotment of proposed construction and allotment of stalls upon the said land i.e. Khata no. 186, Khesra no.201 Mauza Parbatta English as the aforesaid road is going in the widening process due to heavy traffic on the start and opening of Sultanganj Ganga Bridge.
(iv) For any other relief/reliefs for which the petitioners may be found entitled in the facts and circumstances of this case.”
Patna High Court CWJC No.7475 of 2023 dt.18-12-2023 3/3
of.
(Purnendu Singh, J)
Niraj/-
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 20.12.2023 |
| Transmission Date | N/A |
2 issues framed by the court
Whether the Executive Officer of Zila Parishad could construct shops without a master plan.
Whether an order directing preparation of a master plan for unplanned growth is lawful.
1 provisions across 1 enactments
Md Sarjan Alam and others
The State of Bihar through the Addl. Chief Secretary, Panchayati Raj Department
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
