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Patna High Court

P.R.D.A. & Anr vs Md.Badiuzzaman 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. 1265 of 2002
                                   Arising out of
                   Civil Writ Jurisdiction Case No. 8750 of 2002
===========================================================
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
Md. Badiuzzaman, son of Late H. Nurul Hoda, resident of Zaman Manjil, opposite
Catholic Church, Ashok Raj Path, P.S.-Pirbahore, District-Patna.
                                                    .... .... Petitioner/s Respondent/s
===========================================================
Appearance :
For the Appellant/s :          Mr.
For the Respondent/s :         Mr.
===========================================================
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. 8750 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 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 Patna High Court LPA No.1265 of 2002 dt.16-04-2015 2/2 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.

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