Patna High Court - Orders
Munmun Kumari & Ors vs The State Of Bihar & Ors on 1 December, 2016
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 16802 of 2013
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Ajay Kumar Son of Shri Nagarmal Bajoria Resident of Jayneet House, S.P.
Verma Road, P.O. G.P.O., P.S. Gandhi Maidan, District and Town Patna,
Pin 800 001, Bihar.
.... .... Petitioner/s
Versus
1. The Patna Municipal Corporation, Represented through its Municipal
Commissioner, Block - C, Maurya Lok, Patna - 800001, Head Office at
Budha Marg, Police Station Kotwali, District and Town Patna.
2. The Municipal Commissioner, Patna Municipal Corporation, Block - C,
Maurya Lok, Patna - 800001, Head Office at Budha Marg, Police
Station Kotwali, District and Town Patna.
3. The Estate Officer, Patna Municipal Corporation having its Head Office
at Budha Marg, Police Station Kotwali, District and Town Patna.
4. The Senior Superintendent of Police, Patna.
5. The Station House Officer, Agamkuan Police Station, Patna.
6. The District Magistrate, Patna.
7. The Sub Divisional Officer, Patna City, Patna.
8. Kumharar Vikash Manch, North - East Side of Transport Nagar Phase -
1, Maa Niwas, Kumharar, Patna Represented through its Secretary,
Namely, Shri Abinash Kumar Singh.
9. Hars Vardhan Prasad S/o Late Yogendra Prasad Plot No. 1466, Vardhan
Place, Kumhrar, P.S. Agamkuan, District Patna-800026.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.15497 of 2016
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1. Munmun Kumari, W/o Rakesh Behind Tulsi Apartment, Govind Mitra
Road, PS. Kadamkuan, Patna.
2. Punam Kumari Wife of Binod Kumar, Resident of 8E/138 Bahadurpur
Housing Colony, PS Agamkuan, District Patna.
Patna High Court CWJC No.16802 of 2013 (13) dt.01-12-2016
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3. Raj Kumar Prasad, Son of Sri Ramji Prasad, Maurya Vihar Colony,
Kumharar, P.S. Agamkuan, Patna.
4. Vivek Kumar @ Vikash Kumar, S/o late Braj Kishor Prasad, Braj
Tower, Kumharar, P.S. Agamkuan, District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Housing and Urban
Development, Government of Bihar, Patna.
2. The Principal Secretary, Department of Housing and Urban
Development, Government of Bihar, Patna.
3. The Principal Secretary, Department of Land Acquisition Government
of Bihar, Patna.
4. The District Magistrate, Patna.
5. The District Land Acquisition Officer, Patna.
6. The Sub Division Officer, Patna City, Patna.
7. The Senior Superintendent of Police, Patna.
8. The State Housing Officer, Agam Kuan Police Station, Patna.
9. The Patna Municipal Corporation through the Municipal Commissioner,
Patna.
10. The Municipal Commissioner, Patna Municipal Corporation, Patna.
11. The Estate Officer, Patna Municipal Corporation, Patna.
12. The Director, Urban Planning Section, Patna Municipal Corporation,
Patna.
13. The Executive officer, Kankarbagh Circle, Patna Municipal Corporation
Patna.
14. The Executive Engineer, Kankarbagh Division, Patna Municipal
Corporation, Patna.
15. Ajay Kumar, Son of Sri Nagarmal Bajoriya Resident of Jayneet House,
S.P. Verma Road, PS. Gandhi Maidan Town & Distric Patna.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr.
For the State : Mr. Alok Ranjan, A.C. to G.A. 6
Patna High Court CWJC No.16802 of 2013 (13) dt.01-12-2016
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Mr. Y. P. Sinha, A.A.G. 7
Mr. Rakesh Ambastha, A.C. to A.A.G. 7
For the P.M.C. : Mr. Prasoon Sinha &
Mr. Yashraj Bardhan, Advocates
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
13 01-12-2016Learned counsel for the parties have assisted the Court.
The dispute revolves around the fact as to whether the land which is the subject matter of the present writ application falls in Mauza Kumharar or Mauza Jakariyapur. The admitted position is that the land in Mauza Jakariyapur were acquired and then given to the then PRDA, now Patna Municipal Corporation and part which has been settled with the petitioner of C.W.J.C. No. 16802 of 2013. On the same plot, the petitioner of C.W.J.C. No. 15497 of 2016 is claiming right, title and possession.
As prayed for by learned counsel for the Patna Municipal Corporation, the writ petitioners of C.W.J.C. No. 15497 of 2016, has existed the land lawfully belonged to him by encroaching into the land of the Patna Municipal Corporation which has been settled to the writ petitioner of C.W.J.C. No. 16802 of 2013.
As the matter revolves with the issue of correctly Patna High Court CWJC No.16802 of 2013 (13) dt.01-12-2016 4/4 identifying the land on the ground, the District Revenue Authorities, who were also the Acquiring Authorities are more appropriately equipped to give a report on such issue.
Accordingly, let there be a physical demarcation on the ground with regard to the plot claimed by the petitioners in presence of the parties as well as the Patna Municipal Corporation, on a date to be fixed by the District Magistrate, Patna when representatives of both the present petitioners and the Patna Municipal Corporation shall call upon him in his official Chamber on 8th December, 2016 at 11.30 A.M. The exercise be undergone within 10 days and report be submitted to the Court on affidavit, when the matter be listed on 22nd December, 2016.
Learned counsel for the State shall communicate the order to the authorities concerned.
(Ahsanuddin Amanullah, J.) P. Kumar U