Patna High Court
Vibhuti Bhushan Pathak vs The State Of Bihar on 29 March, 2022
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12449 of 2021
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1. Vibhuti Bhushan Pathak S/o Late Brij Vilas Pathak Resident of Quarter No. 26, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
2. Prabhavati Kunwar @ Prabhawati Devi W/o Late Saryu Prasad Resident of Quarter No. 14, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
3. Sudama Singh D/o Late Gurucharan Singh Resident of Quarter No. 21, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
4. Madan Singh S/o Late Ramchandra Singh Resident of Quarter No. 16 and 17, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
5. Naimun Bibi W/o Subhan Ansari Resident of Quarter No. 23, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
6. Ramji Prasad Gupta S/o Late Bansi Ram Resident of Quarter No. 32, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
7. Shiv Kumar Gupta S/o Late Sita Ram Sao Resident of Quarter No. 20, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
8. Abhay Kumar Singh S/o Late Arun Kumar Singh Resident of Quarter No. 25, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
9. Ram Chandra Singh S/o Late Ram Janam Singh Resident of Quarter No. 29, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
10. Prem Kumar Pathak S/o Late Nageshwar Pathak Resident of Quarter No. 18, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
11. Vigu Prasad S/o Late Ghura Ram Resident of Quarter No. 10, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
12. Geeta Devi W/o Ajeet Kumar Resident of Quarter No. 38, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
13. Muli Kumari W/o Late Jawahir Ram Quarter No. 40, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
14. Urmila Devi W/o Late Yamuna Prasad Singh Resident of Quarter No. 39, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
15. Aani Devi W/o Late Laxman Ram Resident of Quarter No. 41, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
16. Abhay Kumar S/o Ramlakhan Lal Resident of Quarter No. 05, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
17. Sharda Nand Rai W/o Guptnath Rai Resident of Quarter No. 22, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
18. Upendra Lal Singh S/o Late Sidhu Lal Singh Resident of Quarter No. 42 and 43, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
19. Rajvanti Devi W/o Aftab Rai Resident of Quarter No. 15, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
20. Geeta Devi W/o Bhagwan Lal Resident of Quarter No. 11, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar. Patna High Court CWJC No.12449 of 2021 dt.29-03-2022 2/4
21. Mohd. Irshad Alam Ansari S/o Mohd. Mokhtar Alam Ansari, Resident of Quarter No. 30 Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
22. Sanjay Prasad S/o Late Prem Chand Prasad Resident of Quarter No. 02, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
23. Devanti Devi W/o Vijendra Prasad Resident of Quarter No. 33, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
24. Baiju Prasad S/o Late Laddu Lal Ram, Resident of Quarter No. 01, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
25. Anil Kumar Mishr S/o Jitendra Prasad Mishr Resident of Quarter No. 03, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
26. Yugal Prasad S/o Late Basawan Ram Resident of Quarter No. 19, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
27. Upendra Mishr S/o Late Rajendra Prasad Mishr, Resident of Quarter No. 34, Dehri Nagar Parishad Colony, Dehri-on- Sone, Rohtas, Bihar.
... ... Petitioner/s Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3. The Special Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
4. Nagar Parishad, Dehri, through the East Chairman, Dalmia Nagar, Dehri-on-
Sone, Bihar.
5. The Chairman, Nagar Parishad, Dehri, Dalmia Nagar, Dehri-on- Sone, Bihar.
6. Chief Executive Officer, Nagar Parishad, Dehri, Dalmia Nagar, Dehri-on-
Sone, Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. D. K. Sinha, Sr. Adv.
Mr.Alok Kumar Rahi
For the Respondent/s : Mr.Yogendra Pd. Sinha (Aag7)
For Nagar Parishad : Mr. Avinash Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA JUDGMENT AND ORDER ORAL Date : 29-03-2022 Heard learned Counsel for the parties concerned.
2. The petitioners are aggrieved by the notices, issued under the signature of Executive Officer, Nagar Parishad, Dehri, Patna High Court CWJC No.12449 of 2021 dt.29-03-2022 3/4 Dalmianagar (Annexure- 17 series), calling upon the petitioners to submit their explanation within seven days regarding their legal right upon the houses in question.
3. Learned Senior Counsel for the petitioners submits that the petitioners are the allottees of the houses in question on the hire-purchase basis on the payment of the cost of the houses assessed at the time of allotment in 1970 at the rate of Rs. 3,275/-.
He further submits that the hire-purchase amount has been paid by the petitioners and the petitioners have been in continuous possession of the said houses based upon the allotment letters issued by the erstwhile Dehri Dalmianagar Nagarpalika.
4. On the other hand, learned Counsel for the Nagar Parishad submits that the present writ application is premature and the petitioners have approached this Court on the basis of show-
cause notice only. He further submits that if the petitioners will submit their respective explanation along with the relevant document(s), the Chief Executive Officer, Dehri Nagar Parishad, will consider the same in accordance with law and will pass a reasoned order within a reasonable period.
5. Having heard learned Counsel for the parties concerned and taking into consideration the materials available on the record, the petitioners are permitted to file their respective Patna High Court CWJC No.12449 of 2021 dt.29-03-2022 4/4 explanation/ show cause pursuant to the notice (Annexure 17 series) within a period of fifteen days from today and if such explanation/show cause is filed by the petitioners within the aforesaid period, the same shall be considered in accordance with law within a period of four months from today on receipt of the explanation/show cause and the respondent no. 6-the Chief Executive Officer, Nagar Parishad, Dehri, Dalmianagar, shall pass a reasoned order after giving an opportunity of hearing to the petitioners.
6. It is made clear that till the explanation/show cause of the petitioners are disposed, no coercive action shall be taken against the petitioners by the respondent authorities.
7. It is also made clear that the petitioner will be at liberty to make necessary repairs of their houses without changing the nature of the structure.
8. This writ application is disposed of with the aforesaid observation and direction.
(Anil Kumar Sinha, J.) Prabhakar Anand/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 29-03-2022 Transmission Date N/A