Raj Kumar Agrawal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17931 of 2018 ====================================================== Raj Kumar Agrawal son of Late Phoolchand Agrawal, Fair Price Cloth Centre, E/1, Srikrishnapuri, West Boring Canal Road, P.S. Sirkrishnapuri, District- Patna- 800001.

... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

2. The Patna Municipal Corporation, Maurya Lok Complex, Patna, through its Municipal Commissioner.

3. The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok Complex, Patna.

4. The Collector-cum- District Magistrate, Patna.

5. The Sub Divisional Officer, Patna Sadar, Patna.

6. The Officer Incharge, Srikrishnapuri Police Statin, Patna.

7. Satish Kumar Bairolia, son of Shri Shyam Prasad Bairolia, resident of Road No. 1E/97, New Patliputra Colony, P.S. Patliputra, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suraj Samdarshi For the Respondent/s :

Mr.Kinkar Kumar -Sc9 For the PMC :

Mr. Yashraj Bardhan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 Heard the parties.

Following relief has been sought for in paragraph 1(i) to (iv) of the present application on behalf of the petitioner: "1(i) For a direction to the respondent authorities to produce the records to show that the structure, part whereof has been demolished by the respondents and in particular respondent nos. 3 to 5, was an illegal construction.

(ii) For a direction to the respondent authorities to produce the notice/reasoned order which has been passed before demolishing the structure, alleged to be encroached upon by the petitioner.

(iii) For a direction to the respondent authorities and in particular respondent no. 6, to

Patna High Court CWJC No.17931 of 2018(2) dt.17-01-2019 2/2 repair and reconstruct the main gate which the respondent no. 6, with mala fide intent is not allowing the petitioner to construct, after demolition of the structure alleged to have been encroached.

(iv) For a direction to the respondent authorities to produce the records to show as to how their own satisfaction with regard to the alleged structure was found to be in accordance with law in a joint inspection held on 8.9.2017; and for any other relief or reliefs to which the petitioner is found entitled."

The petitioner has filed a representation before the respondent no. 4 (the Collector-cum- District Magistrate, Patna) vide Annexure-5 series to the present application for redressal of his grievance.

The Respondent no. 4 is directed to dispose of the said representation filed on behalf of the petitioner vide Annexure-5 series within a period of one month from the date of receipt/production of this order.

With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U