Patna High Court - Orders
Suresh Prasad Gupta vs The Patna Municipal Corporation Patna on 10 September, 2024
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10124 of 2024
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Suresh Prasad Gupta
... ... Petitioner/s
Versus
The Patna Municipal Corporation Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Birendra Sharma, Adv.
Mr. Rajendra Narayan, Sr. Adv.
For the Respondent/s : Mr. Prasoon Sinha, Adv.
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-09-2024Heard Mr. Rajendra Narayan, learned Senior Counsel for the petitioner and Prasoon Sinha, learned counsel appearing on behalf of the Patna Municipal Corporation.
2. The petitioner is aggrieved by the demand made by the Patna Municipal Corporation asking for dividend for the transfer of the land belonging to the erstwhile PRDA (now the Patna Municipal Corporation).
3. A detailed order was passed on 11.07.2024. Learned Senior Counsel had drawn the attention of this Court to an order passed by the Patna High Court in Sanjay Singh Vs. the State of Bihar (CWJC No. 13886 of 2011) which was also affirmed by the Division Bench of Patna High Court followed by the Hon'ble Apex Court inasmuch as the petitions preferred by the Patna Municipal Corporation were dismissed Patna High Court CWJC No.10124 of 2024(3) dt.10-09-2024 2/3 subsequently.
4. It is/was his submission that despite the matter having been settled, 'the PMC' is continuing with the demand.
5. In that background, the response of 'the PMC' was sought for. It has come duly signed by one Pradeep Kumar Rai, claiming himself to be the Estate Officer, Patna Municipal Corporation and he has filed counter affidavit on behalf of the respondents.
6. So far as the stand of the learned Senior counsel that it is squarely covered by the Sanjay Singh (supra) case, the reply has come in paragraph 8 that the facts of the Sanjay Singh (supra) case is different from the present case.
7. A perusal of the counter affidavit would show that except replying to the specific query made by the Court, all other facts have been incorporated. There is no averment on how this case is different from Sanjay Singh (supra) case.
8. In that background, it would be appropriate that Pradeep Kumar Rai, Estate Officer, Patna Municipal Corporation shall remain present in the Court on 12.09.2024 at 2.15 PM to differentiate this case with that of Sanjay Singh (supra) so that an appropriate order is passed in the matter.
9. Since the order has been passed in the presence of Patna High Court CWJC No.10124 of 2024(3) dt.10-09-2024 3/3 Prasoon Sinha, learned counsel appearing on behalf of the Patna Municipal Corporation, this Court presumes that the same will be conveyed to the concerned official today itself, without waiting for the uploading of the order.
10. List this case on 12.09.2024 at 2.15 PM.
(Rajiv Roy, J) Vijay Singh/-
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