Patna High Court - Orders
Arun Kumar Pandey vs The State Of Bihar on 6 January, 2023
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17832 of 2022
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Arun Kumar Pandey & Ors.
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Respondent/s : Mr.Raj Kishore Roy ( Gp 18 )
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 06-01-2023Re. I.A. No. 1 of 2022 The present writ application has been filed on behalf of the petitioners seeking amendment in the prayer portion of the writ petition.
For the reasons mentioned in the application, it is allowed.
Office is directed to add the additional prayers in the main writ petition which has been prayed by way of the present interlocutory application.
Re. C.W.J.C. No. 17832 of 2022 Heard the parties.
Issue notice to Respondent No. 8 by both modes- under registered cover with A/D as well as talbana for which requisite etc. must be filed within two weeks from today.
The Circle Officer, Patna cannot deny the mutation only because there is tenant in the flat in question. It is an admitted position that the flat in question belongs to the petitioners and if it has been given on rent to a person who is not Patna High Court CWJC No.17832 of 2022(3) dt.06-01-2023 2/3 paying the rent then this mutation in favour of the petitioners cannot be stopped.
The Circle Officer, Patna is directed to mutate the flat in question in the name of the petitioners within a week from the date of communication of a copy of this order.
It has been contended by learned counsel for the petitioners that the Respondent No. 8 who is a tenant is using the residential premises for running a garage which is not permissible in law.
The District Magistrate, Patna is directed to visit the premises himself and if he finds that a garage is being run in a residential flat which is causing disturbance to the resident of the building then the garage should immediately be stopped as the flat can only be used for residential purpose. The business of garage shall be stopped by the District Magistrate, Patna, forthwith.
It has been submitted that the Eviction Suit No. 66 of 2022 filed by the petitioners against the Respondent No. 8 is pending in the Court of Sub-Judge VIII, Patna.
The Sub-Judge-VIII, Patna, is directed to hear the case on day-to-day basis and dispose of the Eviction Suit No. 66 of 2022 within six months from the date of communication of a Patna High Court CWJC No.17832 of 2022(3) dt.06-01-2023 3/3 copy of this order and the scheme of BBC Act provides for disposal of the eviction suit on personal necessity within 120 days.
The petitioner No. 1 is an Advocate and in occupation of a part of the flat and is running his chamber, but because of non-payment of water dues by the tenant, he is unable to run his chambers.
The authorities are directed to give electricity and water connection to the part of the premises which is in possession of the petitioners for running his Advocate chamber.
It is directed that the local police authorities will not register any case without preliminary enquiry which is being filed by the tenant on account of landlord tenant dispute.
Let a copy of the order be communicated to the District Judge, Patna, District Magistrate, Patna and Senior Superintendent of Police, Patna through FAX and e-mail forthwith for its compliance so that the Officer-in-Charge, Buddha Colony Police Station acts in accordance with law and also in accordance with the direction of this Court.
List this case on after ten weeks for further hearing.
(Sandeep Kumar, J) Saif/-sunny Kr.
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