Allowed¶22

Ravi Ranjan v. The Bihar State Housing Board

Patna HC4 Mar 2024CWJC/5497/2023

Case brief

AI extract

What is this about?

Patna High Court, CWJC No. 5497 of 2023, decided 04-03-2024 by Sandeep Kumar, J. Writ petition by grandson of deceased original allottee Nalin Vilochan Sharma against Housing Board notice dated 22.10.2022 (Letter No. 604) for vacation of Flat MIG 25 and against Eviction Proceeding No. 08 of 2023. Court held both were issued/initiated in the name of a dead person and quashed both; petition allowed. No statutes or precedents discussed.

What did the court decide?

Quashing of the notice dated 22.10.2022 and of Eviction Proceeding No. 8 of 2023, both having been issued/initiated against a dead person. ¶22

Ravi Ranjan Vs The Bihar State Housing Board — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5497 of 2023

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Ravi Ranjan son of Late Lallan Kumar, Resident of MIG-25, Shaheed Bhagat Singh Colony, Mustafabad, P.S.-Rampur, Gaya, permanent resident of 08 Bandhuganj, P.O.-Bandhuganj, SBI ATM, Jehanabad.

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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 For the Respondent/s : Mr.Kinkar Kumar (Sc9) ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

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ORAL ORDER

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5 04-03-2024 Heard the parties.

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By way of this writ petition, the petitioner has prayed for quashing the Notice under Letter No. 604 dated 22.10.2022 issued by the Office of Executive Engineer, Bihar State Housing, Gaya Division, Gaya to the petitioner for vacating unauthorized occupancy of Flat MIG 25 within a period of fifteen days.

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It is an admitted position that the original allottee of the flat namely Nalin Vilochan Sharma has died in the year 2005 and in his name the notice dated 22.10.2022 was issued by the Housing Board.

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Patna High Court CWJC No.5497 of 2023(5) dt.04-03-2024 2/2

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The present writ petition has been filed by the grandson of Nalin Vilochan Sharma who has challenged the notice dated 22.10.2022. The petitioner has also challenged the Eviction Proceeding No. 08 of 2023 on the same ground.

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Learned counsel appearing for the Housing Board cannot deny the fact of death of Nalin Vilochan Sharma.

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Considering the aforesaid facts, this application stands allowed and the notice dated 22.10.2022 which is issued in the name of a dead person, is hereby quashed. Similarly the Eviction Proceeding No. 8 of 2023 is also initiated against a dead person and the same is also hereby quashed.

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(Sandeep Kumar, J)

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Vikas/-

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Ravi Ranjan v. The Bihar State Housing Board

Case brief

What is this about?

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Ravi Ranjan v. The Bihar State Housing Board

Case brief

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