Patna High Court
P.R.D.A. & Anr vs Surendra Kumar Chhabra & Ors on 16 April, 2015
Author: V.N. Sinha
Bench: V.N. Sinha, Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 1254 of 2002
Arising out of
Civil Writ Jurisdiction Case No. 8897 of 2002
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1. Patna Regional Development Authority, Maurya Lok Complex, P.S.-Kotwali,
District-Patna, through the Vice Chairman, PRDA, Patna.
2. The Vice Chairman, PRDA, Maurya Lok Complex, P.S.-Kotwali, District-
Patna.
.... .... Appellant/s/Respondent/s
Versus
1. Surendra Kumar Chhabra, son of late Shivnath Chhabra, resident of Fraser
Road, P.S.-Kotwali, District-Patna.
2. Moti Chhabra, Son of Late Churandas Chhabra, resident of Fraser Road, P.S.-
Kotwali, District-Patna.
3. The State of Bihar through the Secretary, Urban Development Department,
New Secretariat, Patna.
---------------------Respondent Ist Set
4. The District Magistrate, Patna.
------------------------Respondent IInd Set
5. Sudha Prakash W/o Late Chandan Prakash, Resident of 22-Gomati Apartment,
East Boring Canal Road, P.S.-Budha Colony, District-Patna.
----------------Respondent IIIrd Set
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 16-04-2015 In the present appeal notice was issued in admission matter under order dated 20.01.2005 and the operation of the impugned order passed by learned Single Judge of this Court dated 16.09.2002 in CWJC No. 8897 of 2002 and analogous matters was stayed.
From the office note, it appears that the notice issued on the concerned respondent has not yet been served. During the pendency of the present appeal because of the stay of Patna High Court LPA No.1254 of 2002 dt.16-04-2015 2/2 the impugned order, the authorities of the then PRDA proceeded and the constructions were demolished and new constructions have also come up.
In the circumstances, prayer made in the present appeal to set aside the order of the learned Single Judge has become infructuous and in that view of the matter, we dispose of the appeal granting liberty to the successor Patna Municipal Corporation to proceed in accordance with law, if required.
(V.N. Sinha, J.) (Ahsanuddin Amanullah, J.) Anand Kr.
U