Birendra Prasad Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18781 of 2017 ====================================================== 1.

Birendra Prasad Singh 2.

Murari Prasad Singh.

Both Sons of Late Radha Govind Prasad, Resident of Mohalla- Magadeo Ghat, Ward No. 22, Police Station-Civil Lines, District-Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Urban Development Department, Govt. of Bihar, Patna.

2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Gaya.

4.

The Sub Divisional Officer, Sadar, Gaya.

5.

The Circle Officer, Chandauti, Gaya.

6.

The Municipal Commissioner, Gaya Municipal Corporation, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No-2 For the Respondent/s :

Mr.Rajiv Roy -Gp1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2023 The present writ petition has been filed seeking the following relief:- "1. (i) For a direction to the respondent authorities particularly the Respondent No. 6 to not disturb the possession of the petitioners in respect of Survey Plot No. 13589 Municipal Plot No. 1 without taking any decree from competent court. (ii) For issuance of direction to the respondent no. 2 to hold an enquiry with respect to demolition of house of petitioner as Respondent No. 6 without giving any notice or information demolished the house of petitioner standing at Survey plot No.

Patna High Court CWJC No.18781 of 2017(5) dt.25-07-2023 2/2 13589 Municipal Plot No. 1.

(iii) For direction to the Respondent authorities to grant appropriate compensation for forcibly and illegally demolishing the house of the petitioners without proper measurement and without taking any legal recourse."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Municipal Commissioner, Gaya, Municipal Corporation, Gaya by filing appropriate representation within a period of four weeks from today, annexing all the requisite documents in favour of his right, title and interest, which shall be examined by the Municipal Commissioner, Gaya, Municipal Corporation, Gaya and a reasoned and a speaking order shall be passed thereon, within a period of eight weeks, thereafter.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U