Disposed¶31

Smt. Sudha Devi v. The State of Bihar

Patna HC8 Oct 2024CWJC/8910/2022

Case brief

AI extract

What is this about?

Encroachment removal writ petition; Gaya Municipal Corporation; Section 317 Bihar Municipal Act 2007; demarcation of encroachment by respondent no.7 Munna Sao on common government lane, Shankar Sonar Lane, Rajendra Path, New Godown, Gaya; counter affidavit alleging petitioner's own deviation; disposal by consent with directions for re-enquiry, joint inspection and hearing; mandamus sought but petition disposed rather than decided; letter/memo no. 112 dated 09 April 2021.

What did the court decide?

Writ petition disposed of by consent-based directions: petitioner to submit a proper application with requisite fee before the concerned respondent; Gaya Municipal Corporation to put both parties on notice, carry out inspection in their presence, take their/their representatives' signatures, hear the parties and then pass an appropriate order.

Smt. Sudha Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent no.7 (Munna Sao) encroached upon the common government lane at Shankar Sonar Lane, Rajendra Path, New Godown (within Gaya Municipal Corporation), and whether the respondent authorities should demarcate and remove such encroachment in terms of the letter/memo no. 112 dated 09 April 2021 and Section 317 of the Bihar Municipal Act, 2007.

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Court's answer

With the concurrence of the Gaya Municipal Corporation's counsel, the court settled the course of action: the petitioner shall submit a proper application along with requisite fee before the concerned respondent; the Corporation shall put the parties on notice, conduct inspection in their presence, take their/their representatives' signatures, and after hearing the parties pass an appropriate order.

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Ratio / Principle

The writ petition stands disposed of on these agreed directions; the mandamus originally sought was not directly granted.

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Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J) disposed of CWJC No.8910 of 2022 filed by Smt. Sudha Devi seeking mandamus against Gaya Municipal Corporation authorities to demarcate and remove the alleged encroachment by private respondent no.7 Munna Sao on the common government lane at Shankar Sonar Lane, Rajendra Path, New Godown, Gaya, in view of letter/memo no. 112 dated 09 April 2021 and Section 317 of the Bihar Municipal Act, 2007. On the Corporation submitting that the petitioner herself had made deviation, the petitioner agreed to a fresh enquiry; the court directed that the petitioner file a proper application with requisite fee, following which the Corporation would notice both parties, conduct inspection in their presence, obtain signatures, hear the parties and pass an appropriate order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8910 of 2022

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

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Smt. Sudha Devi Wife of Shri Kapil Dev Prasad Resident of Sudha Kunj, Mohalla- Shankar Sonar Lane, Rajendra Path, New Godown, P.S.- Kotwali, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the Collector, Gaya.

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The Superintendent of Police Gaya.

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The Municipal Commissioner Gaya Nagar Nigam, Gaya.

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The Executive Officer Gaya Nagar Nigam, Gaya.

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The Junior Engineer Gaya Nagar Nigam, Gaya.

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The S.H.O., Kotwali Police Station District- Gaya.

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Munna Sao Son of Late Beni Sao and Smt. Basanti Tai Resident of MohallaShankar Sonar, Rajendra Path, New Godown, P.S.- Kotwali, District- Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the State : Mr. Abbas Haider (SC-6) For the Gaya Municipal Corp. : Mr. Ravindra Kumar Priyadarshi, Advocate

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

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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4 08-10-2024 Heard the parties.

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The present writ petition has been been preferred

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for the grant of following reliefs:-

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That the present writ application is being filed for issuance an appropriate writ, order or direction, particularly in the nature of writ of Mandamus, directing and commanding the respondent authorities to demark the illegal encroachment and construction made by respondent no. 7 Munna Sao on the common govt. lane in Shankar Sonar Lane, Rajendra

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Patna High Court CWJC No.8910 of 2022(4) dt.08-10-2024 2/3

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Path, New Godown, under Gaya Municipal Corporation, Gaya in view of the letter/memo no. 112/ अनन० / सा० dated 09 April 2021 and if any found encroachment of the govt. lane, further direct to immediately remove the encroachment made by private respondent no. 7 in contravention of section 317 of Bihar Municipal Act, 2007; And/Or pass such other order or orders as Your Lordships may deem lit and proper in the facts and circumstances of the case.

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It is the case of the petitioner that the respondent no.7 has encroached certain land but keeping its eye shut, the Gaya Municipal Corporation instead enquired into the land/deviation of the petitioner.

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Mr. Ravindra Kumar Priyadarshi, representing the Gaya Municipal Corporation submits that he has filed counter affidavit which shows that the petitioner is also one of the person who has made deviation and is liable for action.

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At this stage, learned counsel for the petitioner submits that he will be pleased if both the parties are noticed by Gaya Municipal Corporation, a re-enquiry takes place and in their presence, a decision is taken.

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Learned counsel for the Gaya Municipal Corporation has no objection to it. The petitioner shall be

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Patna High Court CWJC No.8910 of 2022(4) dt.08-10-2024 3/3

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submitting a proper application along with requisite fee before the concerned respondent, after putting the parties on notice and inspection to take place in their presence, their/their representative’s signature be taken and thereafter, after hearing the parties, the respondent Gaya Municipal Corporation shall pass an appropriate order.

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The writ petition stands disposed of.

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(Rajiv Roy, J)

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vinayak/-

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Smt. Sudha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Smt. Sudha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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