Patna High Court - Orders
Rakesh Kumar vs The State Of Bihar & Ors on 12 February, 2013
Author: Jayanandan Singh
Bench: Jayanandan Singh
Patna High Court CWJC No.2274 of 2013 (2) dt.12-02-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2274 of 2013
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Rakesh Kumar, Aged About 35 Years S/O Late Ranjan Lal, Resident Of
Ward No.42, Amrudin Gali, Nala Road, Near Dinkar Chauraha, P.S. Kadam
Kuna, District Patna.
.... .... Petitioner
Versus
1. The State of Bihar.
2. The Collector-Cum-District Magistrate, Patna.
3. The Senior Superintendent of Police, Patna.
4. The City Superintendent of Police, Patna.
5. The Officer in Charge, Kadam Kuan P.S., District Patna.
6. The Circle Officer, Patna Sadar, District Patna.
7. The Patna Municipal Corporation, Patna, through its Chief Executive
Officer, Budha Marg, Patna.
8. The Executive Officer, Bankipur Circle, Municipal Corporation, Patna.
9. The Managing Director, COMFED (Cooperative Milk Produces
Federation), Patna.
.... .... Respondents
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Appearance :
For the Petitioner : Mr. Rajkumar Rajesh, Advocate
For the Respondents : Mr. Shashi Bhushan Kr. SC7
For the Corporation : Mr. Bishwa Bibhuti Kr. Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH
ORAL ORDER
2 12-02-2013Petitioner is aggrieved by the construction of Sudha Milk Booth set up in Nala Road in front of his house by the Cooperative Milk Produces Federation (COMFED).
From Annexure-7 it appears that petitioner had come to this Court earlier in CWJC No.635 of 2004 and this Court had directed the District Magistrate to look into the matter, consider the application of petitioner and pass appropriate orders in accordance with law. Order was not passed for quite some time and petitioner moved this Court in contempt. Thereafter, the District Magistrate has passed the order vide Annexure-8. Patna High Court CWJC No.2274 of 2013 (2) dt.12-02-2013 Operative part of the order of the District Magistrate dated 07.12.2006 is as follows:-
".....Technically, the land belongs to the State Government but it may have to be kept reserved for posterity for the use of public. COMFED has been given permission to construct milk booths to run selling outlets with a condition that in future, if expansion of road is required, then it will be removed. Here it is also pertinent to point out that the Executive Engineer, P.W.D. Road had informed vide his letter no.1836 dated 06.09.1991 while giving N.O.C. (No Objection Certificate) to the construction of milk booth that there is every possibility of encroachment of that open space so it should be constructed on that junction of the roads. This type of diary milk booth is a common feature on roadside in almost every city, as it caters the need of public. However, in case of any traffic congestion, it has to be relocated. Thus, the structure constructed after getting formal permission from every department and for public utility upon the land belonging to the state cannot be termed as an encroachment."
Learned counsel for the petitioner raises a technical objection that any land of Patna Municipal Corporation could be allotted even for any public purpose only after the matter is placed before the Standing Committee of the Corporation and is approved. He submits that there is no formal allotment of the land to the COMFED to set up the milk booth by the Corporation.
Patna High Court CWJC No.2274 of 2013 (2) dt.12-02-2013
In the circumstances, this writ application is disposed of with a direction to the Municipal Commissioner, Patna Municipal Corporation to take steps for placing the matter before the Standing Committee of the Corporation for its consideration and for appropriate decision in accordance with law in the matter at the earliest.
(Jayanandan Singh, J) B.T/-