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Md. Niyaz Iqbal @ Niyaz Iqbal Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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Patna HC
2024
Md. Niyaz Iqbal @ Niyaz Iqbal Vs The State of BiharMd. Niyaz Iqbal @ Niyaz Iqbal v. The State of Bihar

Disposed¶20

Md. Niyaz Iqbal @ Niyaz Iqbal v. The State of Bihar

Patna HC11 Nov 2024CWJC/826/2024

Case brief

AI extract

What is this about?

Patna High Court CWJC No.826 of 2024, decided 11-11-2024 by Justice Mohit Kumar Shah. Keywords: Ganga Bridge rehabilitation scheme; cancellation of allotted plot; letter dated 16.05.2024 by Respondent No. 4 (Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department); mandamus for completion of rehabilitation scheme and removal of encroachment; registration of allotted land in favour of petitioner; certiorari; liberty to approach authority for redressal; disposal of writ petition; petitioner Md. Niyaz Iqbal @ Niyaz Iqbal; State of Bihar, Road Construction Department; District Magistrate Patna; Sub Divisional Officer Patna City.

What did the court decide?

Liberty to the petitioner to approach Respondent No. 4 (Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department, Nirman Bhawan, Patna) for redressal of his grievances; writ petition disposed of.

Why is it important?

Liberty granted to the petitioner to approach Respondent No. 4 (Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department, Nirman Bhawan, Patna) for redressal of his grievances, producing before him the various orders of this Court. ¶19

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach Respondent No. 4 (Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department, Nirman Bhawan, Patna) for redressal of his grievances; writ petition disposed of.

Issue for consideration

Whether a writ of mandamus should be issued commanding the respondent authorities to complete the rehabilitation scheme formulated on account of construction of the Ganga Bridge, after removal of the encroachment, and register the allotted land in favour of the petitioner. +1 more

Ratio / Principle

Liberty granted to the petitioner to approach Respondent No. 4 (Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department, Nirman Bhawan, Patna) for redressal of his grievances, producing before him the various orders of this Court.

Key takeaways

The writ petition stands disposed of.ratio¶20

Detailed headnote1 paragraphs

Patna High Court, Civil Writ Jurisdiction Case No.826 of 2024 (oral order dated 11-11-2024, Mohit Kumar Shah, J.). Petitioner Md. Niyaz Iqbal @ Niyaz Iqbal sought (i) a writ of mandamus commanding the respondent authorities to complete the rehabilitation scheme formulated on account of construction of the Ganga Bridge, after removal of the encroachment, and to register the allotted land in his favour, and (ii) a writ of certiorari quashing the letter dated 16.05.2024 issued by Respondent No. 4 (Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department) cancelling the plot allotted to him in pursuance to the rehabilitation scheme of Ganga Bridge Project. At the outset, learned counsel for the petitioner sought liberty to approach Respondent No. 4 for redressal of the grievances, in light of the various orders of this Court, which he would produce before Respondent No. 4. Liberty was granted and the writ petition was disposed of.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.826 of 2024

======================================================

Md. Niyaz Iqbal @ Niyaz Iqbal S/o Late Md. Ramjani Miyan @ Ramjani Miyan, Resident of -Danka Imli, P.S.-Alamganj, District-Patna.

... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary Road Construction Department Nirman Bhawan, Government of Bihar, Patna.

The Engineer in Chief cum Additional Secretary, Joint Secretary, Road Construction Department Nirman Bhawan, Patna.

The Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department, Nirman Bhawan, Patna.

The District Magistrate, Patna.

The Sub Divisional Officer, Patna City, Patna.

The Deputy Chief Setu Specialist cum Executive Engineer, Setu Shodh Vikash Pramandal-02, Road Construction Department/Setu Prabandhan Upbhag, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Avinash, Advocate For the Respondent/s : Standing Counsel- 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

5 11-11-2024 The present writ petition has been filed

seeking the following reliefs:-

“1. That this application is being filed for issuance of a writ in the nature of Mandamus commanding and directing the respondent authorities to complete the rehabilitation scheme, formulated on account of construction of Ganga Bridge, after removal of the encroachment in

Patna High Court CWJC No.826 of 2024(5) dt.11-11-2024 2/2

question and then register the said land in favour of the petitioner, which has been allotted to the petitioner. 1/B. For issuance of a writ in the nature of Certiorari quashing the letter dated 16.05.2024, issued by the Respondent No. 4, whereby and whereunder he has cancelled the plot allotted to the petitioner, in pursuance to the rehabilitation scheme of Ganga Bridge Project.”

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent No. 4 i.e. the Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department, Nirman Bhawan, Patna for redressal of his aforesaid grievances, in light of the various orders of this Court, which he shall produce before the respondent no. 4. Liberty, so sought, is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J)

S.Sb/-

U

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether a writ of mandamus should be issued commanding the respondent authorities to complete the rehabilitation scheme formulated on account of construction of the Ganga Bridge, after removal of the encroachment, and register the allotted land in favour of the petitioner.¶16
2.
Whether a writ of certiorari should be issued quashing the letter dated 16.05.2024 issued by Respondent No. 4 cancelling the plot allotted to the petitioner under the Ganga Bridge rehabilitation scheme.¶18

Procedural history

How this case reached the court

AI extract

Order under challenge
Letter dated 16.05.2024 issued by Respondent No. 4 cancelling the plot allotted to the petitioner in pursuance to the rehabilitation scheme of Ganga Bridge Project.¶18
Respondent No. 4 - The Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department, Nirman Bhawan, Patna · 16.05.2024

Parties & counsel

AI extract

petitioner
Md. Niyaz Iqbal @ Niyaz Iqbal S/o Late Md. Ramjani Miyan @ Ramjani Miyan¶3
Mr.Avinash
respondent
The State of Bihar through the Chief Secretary, Government of Bihar, Patna¶6
Standing Counsel- 28
respondent
The Principal Secretary Road Construction Department Nirman Bhawan, Government of Bihar, Patna¶6
Standing Counsel- 28
respondent
The Engineer in Chief cum Additional Secretary, Joint Secretary, Road Construction Department Nirman Bhawan, Patna¶7
Standing Counsel- 28
respondent
The Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department, Nirman Bhawan, Patna¶8
Standing Counsel- 28
respondent
The District Magistrate, Patna¶9
Standing Counsel- 28
respondent
The Sub Divisional Officer, Patna City, Patna¶10
Standing Counsel- 28
respondent
The Deputy Chief Setu Specialist cum Executive Engineer, Setu Shodh Vikash Pramandal-02, Road Construction Department/Setu Prabandhan Upbhag, Patna¶11
Standing Counsel- 28

Coram

AI extract

Mohit Kumar Shahauthor¶13

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 11 Nov 2024 · November
Registered: 15 Jan 2024
Case no.: CWJC/826/2024
CNR: BRHC010013992024
Bench: Mohit Kumar Shah
Disposal: DISPOSED
Case type: Civil Writ Jurisdiction Case

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Cite this judgement

Md. Niyaz Iqbal @ Niyaz Iqbal v. The State of Bihar, CWJC/826/2024 (PAT), decided on 11 November 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history1

Letter dated 16.05.2024 issued by Respondent No. 4 cancelling the plot allotted to the petitioner in pursuance to the rehabilitation scheme of Ganga Bridge Project.Respondent No. 4 - The Chief Engineer, Ganga Bridge/Setu Prabandhan Upbhag Project Wing, Road Construction Department, Nirman Bhawan, Patna · 16.05.2024

View full history

Bench / Coram

Mohit Kumar Shah

Parties & counsel