Patna High Court - Orders
Ajay Singh @ Ajay Prasad Singh vs The State Of Bihar And Ors on 18 January, 2019
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.244 of 2019
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Ajay Singh @ Ajay Prasad Singh Son of Late Munna Singh @ Muneshwar
Prasad Singh, Resident of Mohalla- Dharmraichak, Ward No.7, Purani Bazar,
P.O.P.S.- Lakhisarai, District- Lakhisarai, at present residing at Quarter No.-
Type- 2 G, Staff Quarter Kendriya Vidyalaya, Jamalpur, East Colony
Jamalpur, P.S.- Jamalpur, District- Munger.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Urban Development
Department, Government of Bihar.
2. The Executive Officer, Lakhisarai, Nagar Parishad, District- Lakhisarai.
3. Ranju Devi, W/o Shyam Sundar Prasad, Resident of Mohalla- Dharmraichak,
Ward No.7, P.O.P.S.- Lakhisarai, District- Lakhisarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Manoj Kumar No.-1, Advocate
For the Respondent/s : Mr. Shankar Kumar, AC to AAG-7
For Nagar Prishad : Mr. Avinash Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 18-01-2019Learned counsel for the petitioner submits that pursuant to a complaint filed by private respondent no. 3 as contained in Annexure-1, a proceeding vide Miscellaneous Case No. 9 of 2016-17 under the provisions of Bihar Municipal Act, 2007 was initiated by respondent no. 2.
The petitioner participated in the said miscellaneous case and submitted his objection as contained in Annexure-2 wherein he took a plea that there is no public road which he has allegedly encroached. He submitted in paragraph 5 of his objection that in the survey map also in between khata no. 219 and 212 no 'Rasta' has been shown. It was further submitted Patna High Court CWJC No.244 of 2019(2) dt.18-01-2019 2/3 that earlier the complainant (respondent no. 3) had submitted an application before the Sub-Divisional Officer, Lakhisarai under Section 147 Cr.P.C. against the petitioner and one Aditya Singh giving rise to Case No. 109M/2016 but after filing of reply by Aditya Singh, said complaint was taken back by respondent no.
3. Learned counsel further submits that in view of objection submitted by the petitioner, a report was called for from the Anchal Amin, Lakhisarai who submitted his report vide Annexure-3 to the present writ application. In his report he has described about the boundary shown in the sale deed of respondent no. 3, there is no 'Rasta' in the boundary under the sale deed. The grievance of the petitioner is that Annexure-3 which is the report of the Anchal Amin has not at all been considered and not referred by respondent no. 2 while passing the impugned order dated 28.05.2018, therefore, the order as contained in Annexure-5 is a result of jurisdictional error committed by the respondent no. 2 by overlooking the report of Anchal Amin.
Learned counsel for Nagar Parishad, Lakhisarai submits that the impugned order has been passed by looking into the report of Amin which has been contested by learned Patna High Court CWJC No.244 of 2019(2) dt.18-01-2019 3/3 counsel for the petitioner by submitting that the report which has been taken note of in Annexure-5 is not the report of Anchal Amin which is Annexure-3 to the present writ application. It is further submitted that the report of Amin which has been looked into in Annexure-5 does not bear the signature of the parties or the witnesses and it has been prepared ex-parte.
Be that as it may, let notice be issued to respondent no. 3 through both by ordinary process as well as by registered cover with A/D for which requisites etc. must be filed within one week, failing which this application shall stand rejected without further reference to a Bench.
List this matter on 28th February, 2019 under the heading 'For Orders'.
In the meantime, no coercive action shall be taken against the petitioner pursuant to the order dated 28.05.2018 as contained in Annexure-5 to this writ application.
The Nagar Parishad, Lakhisarai will also file its counter affidavit within the same period.
(Rajeev Ranjan Prasad, J) avin/-
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