Dr. Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.356 of 2025 ====================================================== Dr. Sunil Kumar Singh Son of Maharana Pratap Singh Resident of 101, Kanti Palace, Lal Bahadur, Bailey Road, P.S.- Shashtri Nagar, Patna, Bihar 800023. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Additional Secretary, Building Construction Department, Government of Bihar, Patna.

3.

The Competent Authority-cum-Joint Secretary, Building Construction Department, Government of Bihar, Patna.

4.

The Bihar Legislative Council, R-Block, Patna, through its Secretary. 5.

The Secretary, Bihar Legislative Council, R-Block, Patna. 6.

The Additional Secretary, Bihar Legislative Council, R-Block, Patna. 7.

The Deputy Secretary-cum-Land Acquisition Officer, Building Construction Department, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.V. Giri, Sr. Advocate Ms.Shrishti Singh, Advocate Mr.Pranav Kumar, Advocate For the State :

Mr. Kinkar Kumar, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2025 The present writ petition has been filed seeking the following reliefs:- "1. (i) To issue an appropriate writ, order, direction in the nature of Certiorari for quashing memo no. 47 dated 02.01.2025, issued under the signature of the Competent Authority-cum-Joint Secretary, Building Construction Department, whereunder the petitioner has been directed to vacate the government quarter

2/4 no. 4/20, 20 Set Duplex Bungalow, Gardanibagh, Patna within a period of 7 days of receipt of the notice (Annexure- P/5 Pg.21).

(ii) To issue an appropriate writ, order, direction in the nature of Certiorari for quashing memo no. 10084 dated 09.12.2024, issued under the signature of the Competent Authority-cum-Joint Secretary, Building Construction Department, whereunder the petitioner has been directed to vacate the government quarter no. 4/20, 20 Set Duplex Bungalow, Gardanibagh, Patna within a period of 15 days of receipt of the notice (Annexure- P/4 Pg.20).

(iii) To issue an appropriate writ, order, direction in the nature of Mandamus commanding the respondents not to coerce the petitioner to vacate the government quarter no. 4/20, 20 Set Duplex Bungalow, Gardanibagh, Patna and not to give effect to the notices bearing memo no. 47 dated 02.01.2025 and memo no. 10084 dated 09.12.2024.

(iv) To issue an appropriate writ, order, direction in the nature of Mandamus commanding the respondents to allow the petitioner to reside in the government quarter no. 4/20, 20 Set Duplex Bunglow, Gardanibagh, Patna for a period of 3 months."

3/4 2.

At the outset, the learned senior counsel for the petitioner submits that the petitioner does not wish to press the present writ petition, on merits, however, the petitioner be granted four weeks' time for vacating the government quarter no. 4/20, 20 Set Duplex Bunglow, Gardanibagh, Patna.

3.

Per contra, the learned counsel for the respondent-State submits that the petitioner has already made a representation before the Building Construction Department, Government of Bihar, Patna for grant of three months' time for vacating the aforesaid quarter in question.

4.

Having regard to the facts and circumstances of the case and taking into account equitable considerations, this Court deems it fit and proper to grant four weeks' time, starting from today, to the petitioner to vacate the aforesaid government quarter no. 4/20, 20 Set Duplex Bunglow, Gardanibagh, Patna.

5.

It is needless to state that during the aforesaid period of four weeks, the petitioner shall

4/4 not be evicted from the aforesaid quarter in question.

6.

Accordingly, the writ petition stands disposed off while granting four weeks time to the petitioner, i.e. time till 08.02.2025, to vacate the premises in question.

(Mohit Kumar Shah, J) S.Sb/- U