Disposed¶30

Umapati Devi v. The Bihar State Housing Board

Patna HC7 Aug 2024CWJC/4345/2023

Case brief

AI extract

What is this about?

Patna High Court CWJC 4345/2023, order dated 07-08-2024 by Mohit Kumar Shah, J; Bihar State Housing Board eviction proceedings at Gaya; abatement on death of occupant-petitioners; liberty for fresh eviction proceedings against legal heirs; time-bound filing of show cause replies (two weeks) and final orders by competent authority (three months); writ disposed on agreed terms; no statute or precedent discussed.

What did the court decide?

Writ petition disposed of: liberty to petitioners no. 1, 3, 4, 7 and 8 to file show cause replies within two weeks in Eviction Case Nos. 81/2023, 59/2023, 89/2023, 58/2023 and 30/2023; competent authority to pass final orders therein within three months thereafter; liberty to the Bihar State Housing Board to initiate fresh eviction proceedings against the legal heirs of the deceased petitioners no. 5, 6 and 9.

Umapati Devi Vs The Bihar State Housing Board — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the competent authority should be directed to decide the pending eviction proceedings against petitioners no. 1, 3, 4, 7 and 8 expeditiously after they file their show cause replies. +1 more

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Court's answer

Liberty is granted to petitioners no. 1, 3, 4, 7 and 8 to file their respective show cause replies in the pending eviction proceedings within two weeks, if so advised.

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Ratio / Principle

Liberty is granted to the Bihar State Housing Board to initiate fresh eviction proceedings against the legal heirs of the deceased petitioners no. 5, 6 and 9, in case such proceedings have not yet been initiated.

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Key takeaways

The competent authority shall decide the aforesaid eviction cases by passing the final order, in accordance with law, within a period of three months thereafter.ratio¶29

Detailed headnote1 paragraphs

Patna High Court (Mohit Kumar Shah, J), by oral order dated 07-08-2024, disposed of CWJC No.4345 of 2023 (Umapati Devi and others v. The Bihar State Housing Board and others). Noting that petitioners no. 5, 6 and 9 had died and eviction proceedings qua them stood abated, the Court granted liberty to the Housing Board to initiate fresh eviction proceedings against their legal heirs. Since no eviction proceedings were pending against petitioner no. 2, and proceedings were ongoing against petitioners no. 1, 3, 4, 7 and 8 (Eviction Case Nos. 81/2023, 59/2023, 89/2023, 58/2023 and 30/2023 respectively), the petitioners were granted liberty to file show cause replies within two weeks, and the competent authority was directed to pass final orders in accordance with law within three months thereafter.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4345 of 2023

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Umapati Devi Wife of Late Bhagwan Sharma Resident of MIG- 161, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya.

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Rajendra Prasad Singh, Son of Late Shivdeo Singh Resident of MIG- 41, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya.

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Rajeshwar Prasad Singh, Son of Rama Prasad Singh Resident of MIG- 85, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya.

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Smt. Usha Devi, Wife of Shri Krishnandan Prasad Resident of MIG- 121, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya.

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Ravi Ranjan Kumar, Son of Late Ramanugrah Sharma Resident of MIG- 68, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya.

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Rakesh Kumar, Son of Late Jharkhandi Singh Resident of MIG- 171, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya.

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Virendra Kumar Singh, Son of Late Surya Narayan Singh Resident of MIG84, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya.

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Shree Prakash Singh, Son of Sheodhari Singh Resident of MIG- 65, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya.

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Rakesh Ranjan Kumar, Son of Late Kishori Prasad Resident of MIG- 106, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya.

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... ... Petitioner/s

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Versus

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The Bihar State Housing Board through its Managing Director, 6- Sardar Patel Path, Patna.

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The Revenue Officer, Bihar State Housing Board, 6- Sardar Patel Path, Patna.

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The Estate Officer, Bihar State Housing Board, 6- Sardar Patel Path, Patna.

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The Executive Engineer, Gaya Division, Bihar State Housing Board, Gaya.

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The District Magistrate, Gaya.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Amit Kumar Singh, Advocate For the State : Mr.Kinkar Kumar (SC-9) For the Housing Board : Dr. Alok Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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5 07-08-2024

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At the outset, it is accepted across the

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bar that the petitioners no. 5, 6 and 9 have already

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Patna High Court CWJC No.4345 of 2023(5) dt.07-08-2024 2/3

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died, hence eviction proceedings, if any, qua them have stood abated, nonetheless, the learned counsel for the Bihar State Housing Board, Patna seeks liberty to initiate fresh eviction proceedings against the legal heirs of the petitioners no. 5, 6 and 9, in case the same have not yet been initiated. Liberty, so sought, is granted. 2. Admittedly, as far as the petitioner no. 2 is concerned, no eviction proceedings are pending, however, as far as petitioners no. 1, 3, 4, 7 and 8 are concerned, eviction proceedings are going on, hence the learned counsel for the said petitioners submits that they would be filing their responses/show cause, within a period of two weeks’ from today, hence competent authority may be directed to decide the said eviction proceedings expeditiously, which have been numbered as Eviction Case No. 81/2023 (concerning petitioner no. 1), Eviction Case No. 59/2023 (concerning petitioner no. 3), Eviction Case No. 89/2023 (concerning petitioner no. 4), Eviction Case No. 58/2023 (concerning petitioner

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Patna High Court CWJC No.4345 of 2023(5) dt.07-08-2024 3/3

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no. 7) and Eviction Case No. 30/2023 (concerning petitioner no. 8).

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Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioners no. 1, 3, 4, 7 and 8 to file their respective show cause replies, in the aforesaid eviction proceedings, if so advised, within a period of two weeks from today, whereupon the competent authority shall decide the aforesaid eviction cases, by passing the final order, in accordance with law, within a period of three months, thereafter.

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The writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Umapati Devi v. The Bihar State Housing Board

Case brief

What is this about?

What did the court decide?

Umapati Devi v. The Bihar State Housing Board

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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Coram

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