Patna High Court
Mr. Raj Gopal Sharma vs The State Of Bihar & Ors on 17 March, 2017
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17734 of 2016
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1. Mr. Raj Gopal Sharma, S/o Sri Raj Nath Sharma, Vill.+ Post- Patut, P.S.-
Ranitalab (Kanpa), District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Bihar, Patna.
2. The District Magistrate, District- Patna.
3. The Circle Officer, Circle- Bikram, District- Patna.
4. The Deputy Collector of Land & Revenue, Paliganj, District- Patna.
5. The Sub Divisional Officer, Paliganj, District- Patna.
6. The District Development Commissioner, Patna.
7. The Executive Engineer, District Urban Development Authority-2 Patna.
8. The Executive Officer, Nagar Panchayat, Bikram, Dist- Patna.
9. The Secretary, Urban Development & Housing Department, Bihar, Patna.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.B. Singh
For the State : Mr. Yogendra Pd. Sinha -AAG7
Mr. Rakesh Ambastha, AC to AAG-7
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL JUDGMENT
Date: 17-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.
In the present writ petition, petitioner is seeking relief for quashing the order dated 17.2.2016 by which he has been stopped to proceed with the construction of the building from plinth level.
The Circle Officer, Bikram has issued notice inviting tender (NIT) for the construction of the administrative building of Nagar Panchayat Bikram. Petitioner has participated in the tender. He was given work order being a lowest tenderer. After some construction on the recommendation of the Circle Officer, Patna High Court CWJC No.17734 of 2016 dt.17-03-2017 2 the District Magistrate, Patna has passed the order for staying further construction which is main grievance of the petitioner that he has been allotted work but in the mid way he has wrongly been deprived for further construction.
From the counter affidavit it appears that the land belongs to the Rural Development Department and without proper transfer NIT was invited for construction of Administrative Building of Nagar Panchayat, Bikram. It also appears that the District Magistrate, Patna has written a letter to the Secretary of the Department for transfer of the land which is pending. The matter relates to transfer of land from one department to another department, that can be resolved by the Secretary, Rural Development Department.
In such view of the matter, let this matter be placed before the Secretary, Rural Development Department, Patna who will be obliged to look into the matter and resolve the dispute with regard to transfer of the land so that there should not be any hurdle in future. All action should be completed within a period of one month from the date of receipt/production of a copy of this order. The District Magistrate, Patna will examine the matter with regard to payment of the petitioner and if he is entitled to certain amount that should be released in his favour without any Patna High Court CWJC No.17734 of 2016 dt.17-03-2017 3 delay.
With the aforesaid observation and direction this writ petition is disposed of.
(Shivaji Pandey, J) Vinay/-
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