Disposed¶40

Mahendra Paswan @ Mahendra Pal Singh v. The State of Bihar

Patna HC7 Oct 2024CWJC/9415/2019

Case brief

AI extract

What is this about?

Shop allotment Zila Parishad Gaya; Shops 13 and 19 near Anugrah Narayan Magadh Medical College; 2019 auction notice non-participation; construction stopped for want of NOC; Gaya Military Camp Station Commander letter 18 Feb 2020; Ministry of Defence letter 21 October 2016; eighteen allotted shops construction suspended; Zila Parishad financial loss; undertaking to pursue matter with Army; writ petition disposed with liberty to re-approach; Patna High Court 07-10-2024; Rajiv Roy, J.; CWJC 9415/2019; Bihar.

What did the court decide?

Writ petition disposed of with liberty granted to the petitioners to approach the Court again as and when the situation so arises; no allotment of Shop Nos. 13 and 19 was directed. ¶40

Mahendra Paswan @ Mahendra Pal Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty granted to the petitioners to approach the Court again as and when the situation so arises; no allotment of Shop Nos. 13 and 19 was directed.

¶40

Issue for consideration

Whether the respondents can be commanded to consider the petitioners' case for allotment of Shop Nos. 13 and 19 constructed by Zila Parishad, Gaya south of the Medical College, Gaya, in terms of the allotment of Shop Nos. 1, 2, 3 and 4 constructed north of Magadh Medical College, Gaya on 17.03.2015. +1 more

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Court's answer

Accepting the undertaking of learned counsel for Zila Parishad, Gaya that the matter will be taken up immediately on a priority basis with the Army authorities so that the construction work starts and the Zila Parishad's coffers are filled, the Court disposed of the writ petition, granting the petitioners liberty to approach the Court again as and when the situation so arises.

¶40

Key takeaways

Though the respondents claimed to be pursuing the matter with the Lieutenant Colonel, the only letter produced was of the year 2020 (letter no.306 dated 18.06.2020, Annexure R/5), and there was no further letter to show what development took place thereafter.obiter¶38
The Court observed that, as per the respondents' own narration (paragraph 16 of the supplementary counter affidavit), the construction work of the eighteen allotted shops remained suspended owing to no response from the Lieutenant Colonel, Administrative Commandant, causing huge loss to Zila Parishad, Gaya, whose internal resources are not sound.obiter¶37

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), CWJC No.9415 of 2019, decided 07-10-2024: Two petitioners sought a direction that they be considered for allotment of Shop Nos. 13 and 19 constructed by Zila Parishad, Gaya south of the Medical College, Gaya, in terms of the earlier allotment of Shop Nos. 1-4 north of Magadh Medical College, Gaya on 17.03.2015. The respondents' supplementary counter affidavit disclosed that although a 2019 notice for allotment included Shops 13 and 19, the petitioners did not participate in the auction; that construction was halted in February 2020 at the instance of the Station Commander, Gaya Military Camp, pending a No Objection Certificate under a Ministry of Defence communication of 21 October 2016; and that despite correspondence through 2020 culminating in the Zila Parishad's request for an N.O.C., no reply was received, leaving the eighteen allotted shops unconstructed and causing financial loss to the Zila Parishad. Noting that the only letter showing pursuit of the matter with the Army dated back to 2020, and accepting the undertaking of counsel for the Zila Parishad to take up the matter with the Army authorities on a priority basis, the Court disposed of the writ petition, granting the petitioners liberty to approach the Court afresh as and when the situation so arose.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9415 of 2019

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

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Mahendra Paswan @ Mahendra Pal Singh S/o Late jagdish Paswan Resident of Mohalla- Magadh Colony, Road No. 7, P.s.- Magadh Medical, Distt.Gaya

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Meena Kumari W/o Madhu Kumar Resident of Mohalla- Road No. 7, Magadh Colony, P.o..- Chandauti, P.s.- Magadh Medical, Distt.- Gaya

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... ... Petitioner/s

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Versus

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1. The State of Bihar 2. The Collector Gaya 3. The Zila Parishad, Gaya through the Executive Officer-cum-Deputy Development Commissioner, Gaya

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The Deputy Development Commissioner-cum-Executive Officer Zila Parishad, Gaya

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The Addl. Chief Executive Officer Zila Parishad, Gaya

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Smt. Sudha Devi, Chairman Zila Parishad, Gaya. 7. Mukesh Kumar Yadav, Member of Standing Committee, Zila Parishad , Distt. Gaya

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Sri Rajendra Rabidas, Member of Standing Committee, Zila Parishad , Distt. Gaya

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Smt. Pusplata Devi, Member of Standing Committee, Zila Parishad , Distt. Gaya

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Smt. Indu Devi, Member of Standing Committee, Zila Parishad , Distt. Gaya 11. Sri Bijoy Kumar, Member of Standing Committee, Zila Parishad , Distt. Gaya

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Balmiki Sao, Son of not known, Address not known, Allotted of Shop no. 13, Zila Parisad, Dist. Gaya.

¶15

Dawarika Nath Singh, Not known, Not known, Allotted of Shop no. 19, Zila Parisad, Dist. Gaya. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Siya Ram Shahi, Advocate : Ms. Shally Kumari, Advocate For the State : Mr. Sanjeet Kumar Singh, AC to AAG-6 For the Zila Parisad, Gaya : Mr. Dhananjay Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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10 07-10-2024 Heard Mr. Siya Ram Shahi, learned counsel for the

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Patna High Court CWJC No.9415 of 2019(10) dt.07-10-2024 2/5

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petitioner, Mr. Dhananjay Kumar Gupta, learned counsel for the Zila Parisad, Gaya as also learned AC to AAG-6 for the State.

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The present writ petition has been been preferred for the grant of following reliefs:-

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(i) For issuance of an appropriate writ commanding the respondents to consider the case of petitioners for allotment of Shop No. 13 and 19 constructed by Zila Parishad, Gaya, South of Medical College, Gaya in terms of allotment of Shop No. 1, 2, 3 and 4 constructed north of Magadh Medical College, Gaya on 17.03.2015.

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(ii) For any other reliefs or reliefs for which the petitioner is entitled under law as well as on the facts of the case.

¶23

After much delay, a proper supplementary counter affidavit has come on behalf of respondent nos.3 to 5 and this Court would like to incorporate paragraph nos.8, 10 to 12 and 14 to 16 which read as follows:-

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8. That in year 2019 notice has been published for allotment of shops in which shop no. 13 and 19 falls in the south of Gaya Sherghati road near Anugrah Narayan Magadh Medical College Gaya are included but petitioners have not participated in the auction, and filed application for allotment the shop no. 13 and 19.

¶25

Patna High Court CWJC No.9415 of 2019(10) dt.07-10-2024 3/5

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10. That further facts of the case is that when construction work started for shop no. 13 and 19 the Lieutenant Colonel, Administrative Commandant, For Station Commander Gaya Military Camp through his letter no. 134 Land/02 dated 18 Feb. 2020 wrote to District Magistrate Gaya to stop the construction work for want of No Objection Certificate as per Government of India Ministry of Defense letter no. F11026/2/2011/D Lands dated 21 October 2016 and its copy was sent to the Commissioner Magadh Division Gaya, Meyor Nagar Nigam Gaya and SHO Magadh Medical P.S. Gaya for information and necessary action.

¶27

11. That further fact of the case is that Secretary to the Commissioner Magadh Division Gaya through his letter no. 692/ra dated 14.03.2020 wrote to the District Magistrate Gaya for taking action on the subject station head quarter Gaya C/o 56 A.F.O.

¶28

12. That further fact of the case is that the Municipal Commissioner Gaya through his letter no. 208 dated 26.05.2020 wrote to the D.D.C. cum Chief Executive Officer Zila Parishad Gaya for stay of construction work of shops at Gaya Sherghati road Gaya in the light of letter no. 692/ra dated 14.03.2020 to the Secretary to the Commissioner Magadh Division Gaya.

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14. That a further fact of the case is that the Special Executive Officer Collectors

¶30

Patna High Court CWJC No.9415 of 2019(10) dt.07-10-2024 4/5

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Confidential Section Gaya through his letter no. 4912 dated 08.06.2020 wrote to D.D.C. cum Chief Executive officer Zila Parishad Gaya regarding the stay of the construction work of the shop near Medical College Gaya.

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15. That further fact of the case is that the D.D.C. cum Chief Executive Officer Zila Parishad Gaya through his letter no. 1023/Z.P. Gaya dated 26.12.2020 wrote to the Lieutenant Colonel, Administrative Commandant for Station Commandant Gaya regarding stay of the construction work of 18 shops after their allotment at Gaya Sherghati Road near Anugrah Narayan Magadh Medical College Gaya giving full details about the said 18 allotted shops and requested for issuing N.O.C. from him.

¶33

16. That after issuance of annexure-R/7 no reply has come from the Lieutenant Colonel, Administrative Commandant for Station Commandant Gaya and the construction work of the said 18 allotted shops remained suspended causing loss to the Department of Zila Parishad, Gaya due to shortage of fund and its internal resources are not sound.

¶34

As per paragraph no.16, the respondent themselves

¶35

have narrated the ordeal inasmuch as due to no response on the part of the Lieutenant Colonel, Administrative Commandant for Station Commandant, Gaya, the construction work of the

¶36

Patna High Court CWJC No.9415 of 2019(10) dt.07-10-2024 5/5

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eighteen allotted shops remained suspended causing huge loss to the Zila Parisad, Gaya as its internal resources are not good.

¶38

Though the respondents claim that they are pursuing the matter with the Lieutenant Colonel, as stated above, the letter which they have attached is of the year 2020 (letter no.306 dated 18.06.2020) (Annexure R/5 to the writ petition). There is no further letter to show that what development took place thereafter.

¶39

Learned counsel on behalf of Zila Parisad, Gaya undertakes that they will be immediately taking up the matter on priority basis with the Army people so that not only the construction work starts, the Zila Parisad, Gaya coffer is also filled.

¶40

Accepting the words and since they have come out with an excuse, the writ petition stands disposed of granting the liberty to the petitioner approach the Court again as and when the situation so arise.

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(Rajiv Roy, J)

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vinayak/-

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Procedural history

How this case reached the court

AI extract

Prior proceeding
Per the supplementary counter affidavit of respondent nos. 3 to 5, a notice was published in 2019 for allotment of shops including Shop Nos. 13 and 19 south of Gaya Sherghati road near Anugrah Narayan Magadh Medical College; the petitioners did not participate in the auction but filed applications for allotment of Shops 13 and 19.¶24
Prior proceeding
When construction of Shops 13 and 19 began, the Lieutenant Colonel, Administrative Commandant, Station Commander, Gaya Military Camp, by letter no. 134 Land/02 dated 18 Feb. 2020 asked the District Magistrate, Gaya to stop the construction for want of a No Objection Certificate, pursuant to Government of India Ministry of Defence letter no. F11026/2/2011/D Lands dated 21 October 2016.¶26
Prior proceeding
The Secretary to the Commissioner, Magadh Division, Gaya, by letter no. 692/ra dated 14.03.2020, wrote to the District Magistrate, Gaya for action on the subject of Station Headquarters Gaya.¶27
Prior proceeding
The Municipal Commissioner, Gaya, by letter no. 208 dated 26.05.2020, wrote to the D.D.C.-cum-Chief Executive Officer, Zila Parishad, Gaya for a stay of construction of shops on Gaya Sherghati road.¶28
Prior proceeding
The Special Executive Officer, Collectors Confidential Section, Gaya, by letter no. 4912 dated 08.06.2020, wrote to the D.D.C.-cum-Chief Executive Officer, Zila Parishad, Gaya regarding stay of construction of the shop near Medical College, Gaya.¶31
Prior proceeding
The D.D.C.-cum-Chief Executive Officer, Zila Parishad, Gaya, by letter no. 1023/Z.P. Gaya dated 26.12.2020, wrote to the Lieutenant Colonel, Administrative Commandant, giving details of the 18 allotted shops and requesting issuance of an N.O.C.¶32
Prior proceeding
After issuance of Annexure-R/7, no reply came from the Lieutenant Colonel, Administrative Commandant, and the construction of the 18 allotted shops remained suspended, causing loss to the Zila Parishad, Gaya.¶33

Mahendra Paswan @ Mahendra Pal Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mahendra Paswan @ Mahendra Pal Singh 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

Procedural history

Parties & counsel

Coram

Case details

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