Disposed¶32

Dr. Sunil Kumar Singh v. The State of Bihar

Patna HC10 Jan 2025CWJC/356/2025

Case brief

AI extract

What is this about?

Government quarter vacation notice; Building Construction Department, Government of Bihar; Competent Authority-cum-Joint Secretary; quarter no. 4/20, 20 Set Duplex Bungalow, Gardanibagh, Patna; certiorari against vacation memos no. 47 (02.01.2025) and no. 10084 (09.12.2024); mandamus against coercive eviction; extension of time to vacate granted (four weeks, till 08.02.2025); writ petition disposed of as not pressed on merits; Patna High Court CWJC No.356 of 2025; Mohit Kumar Shah, J.

What did the court decide?

Four weeks' time from 10.01.2025, i.e. till 08.02.2025, to vacate government quarter no. 4/20, 20 Set Duplex Bunglow, Gardanibagh, Patna, with an assurance that the petitioner shall not be evicted during that period; the writ petition was otherwise disposed of as not pressed on merits. ¶32

Dr. Sunil Kumar Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of Certiorari should issue quashing the notices bearing memo no. 47 dated 02.01.2025 and memo no. 10084 dated 09.12.2024 directing the petitioner to vacate government quarter no. 4/20, 20 Set Duplex Bungalow, Gardanibagh, Patna, and Mandamus commanding the respondents not to coerce the petitioner to vacate it. +1 more

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Ratio / Principle

Having regard to the facts and circumstances and equitable considerations, the Court granted the petitioner four weeks' time, starting from 10.01.2025, to vacate government quarter no. 4/20, 20 Set Duplex Bunglow, Gardanibagh, Patna.

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Key takeaways

During the said four-week period the petitioner shall not be evicted from the quarter in question.ratio¶31
The writ petition stands disposed of, with time till 08.02.2025 granted to the petitioner to vacate the premises in question (the petition having been withdrawn from consideration on merits).ratio¶32

Detailed headnote1 paragraphs

Patna High Court (Mohit Kumar Shah, J.), Civil Writ Jurisdiction Case No.356 of 2025, decided 10.01.2025 — Dr. Sunil Kumar Singh v. State of Bihar and others. The petitioner, facing notices memo no. 10084 dated 09.12.2024 (15 days) and memo no. 47 dated 02.01.2025 (7 days) issued by the Competent Authority-cum-Joint Secretary, Building Construction Department, Government of Bihar, directing him to vacate government quarter no. 4/20, 20 Set Duplex Bungalow, Gardanibagh, Patna, had sought Certiorari to quash both notices and Mandamus restraining coercion and allowing residence for three months. At the hearing, learned senior counsel submitted that the petition would not be pressed on merits and sought four weeks to vacate; the State pointed out a pending representation for three months' time. Taking equitable considerations into account, the Court granted four weeks from 10.01.2025 (time till 08.02.2025) to vacate, recorded that the petitioner shall not be evicted during that period, and disposed of the writ petition accordingly.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.356 of 2025

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Dr. Sunil Kumar Singh Son of Maharana Pratap Singh Resident of 101, Kanti Palace, Lal Bahadur, Bailey Road, P.S.- Shashtri Nagar, Patna, Bihar 800023.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Secretary, Building Construction Department, Government of Bihar, Patna.

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The Additional Secretary, Building Construction Department, Government of Bihar, Patna.

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The Competent Authority-cum-Joint Secretary, Building Construction Department, Government of Bihar, Patna.

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The Bihar Legislative Council, R-Block, Patna, through its Secretary.

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The Secretary, Bihar Legislative Council, R-Block, Patna.

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The Additional Secretary, Bihar Legislative Council, R-Block, Patna.

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The Deputy Secretary-cum-Land Acquisition Officer, Building Construction Department, Government of Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate Ms.Shrishti Singh, Advocate Mr.Pranav Kumar, Advocate For the State : Mr. Kinkar Kumar, SC-9

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

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 10-01-2025 The present writ petition has been filed

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seeking the following reliefs:-

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“1. (i) To issue an appropriate writ, order, direction in the nature of Certiorari for quashing memo no. 47 dated 02.01.2025, issued under the signature of the Competent Authority-cum-Joint Secretary, Building Construction Department, whereunder the petitioner has been directed to vacate the government quarter

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Patna High Court CWJC No.356 of 2025(2) dt.10-01-2025 2/4

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no. 4/20, 20 Set Duplex Bungalow, Gardanibagh, Patna within a period of 7 days of receipt of the notice (Annexure- P/5 Pg.21).

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(ii) To issue an appropriate writ, order, direction in the nature of Certiorari for quashing memo no. 10084 dated 09.12.2024, issued under the signature of the Competent Authority-cum-Joint Secretary, Building Construction Department, whereunder the petitioner has been directed to vacate the government quarter no. 4/20, 20 Set Duplex Bungalow, Gardanibagh, Patna within a period of 15 days of receipt of the notice (Annexure- P/4 Pg.20).

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(iii) To issue an appropriate writ, order, direction in the nature of Mandamus commanding the respondents not to coerce the petitioner to vacate the government quarter no. 4/20, 20 Set Duplex Bungalow, Gardanibagh, Patna and not to give effect to the notices bearing memo no. 47 dated 02.01.2025 and memo no. 10084 dated 09.12.2024.

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(iv) To issue an appropriate writ, order, direction in the nature of Mandamus commanding the respondents to allow the petitioner to reside in the government quarter no. 4/20, 20 Set Duplex Bunglow, Gardanibagh, Patna for a period of 3 months.”

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Patna High Court CWJC No.356 of 2025(2) dt.10-01-2025 3/4

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At the outset, the learned senior counsel for the petitioner submits that the petitioner does not wish to press the present writ petition, on merits, however, the petitioner be granted four weeks’ time for vacating the government quarter no. 4/20, 20 Set Duplex Bunglow, Gardanibagh, Patna.

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Per contra , the learned counsel for the respondent-State submits that the petitioner has already made a representation before the Building Construction Department, Government of Bihar, Patna for grant of three months’ time for vacating the aforesaid quarter in question.

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Having regard to the facts and circumstances of the case and taking into account equitable considerations, this Court deems it fit and proper to grant four weeks’ time, starting from today, to the petitioner to vacate the aforesaid government quarter no. 4/20, 20 Set Duplex Bunglow, Gardanibagh, Patna.

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It is needless to state that during the aforesaid period of four weeks, the petitioner shall

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Patna High Court CWJC No.356 of 2025(2) dt.10-01-2025 4/4

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not be evicted from the aforesaid quarter in question.

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Accordingly, the writ petition stands disposed off while granting four weeks time to the petitioner, i.e. time till 08.02.2025, to vacate the premises in question.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Dr. Sunil Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dr. Sunil Kumar 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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