Kapildev Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.174 of 2020 In Civil Writ Jurisdiction Case No.7430 of 2016 ====================================================== Kapildev Prasad Son of Ramagya Prasad Resident of village - Surha, Police Station- Motihari Mufassil, District - East Champaran. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

The District Magistrate East Champaran, Motihari. 3.

The Chief Engineer East Champaran, Motihari.

4.

The Deputy Development Commissioner cum the Executive Officer Jila Parishad, East Champaran, Motihari.

5.

The Chairman Jila Parishad, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dhurendra Kumar, Advocate For the Respondent/s :

Mr.Pushkar Narain Shahi (Aag6) Mr. Raghwanand Mr. Sanjay Kumar, Advocates CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 29-07-2021 Heard learned counsel for the parties.

Aggrieved by the judgment and order dated 09.10.2018 passed in CWJC No. 7430 of 2016, passed by learned Single

Patna High Court L.P.A No.174 of 2020 dt.29-07-2021 2/3 Judge, appellant-petitioner has preferred this letters patent appeal.

Appellant had filed the writ petition for setting aside the order dated 30.1.2016 issued by Deputy Development Commissioner -cum- Executive Officer, Zila Parishad, East Champaran by which shop no.19 at Kuari Chowk, Motihari allotted to appellant was cancelled.

Briefly stated the case of appellant is that he was allotted shop no.19 at Kuari Chok, Mothiari on 12.7.1999 on the basis of agreement entered between the parties and appellant defaulted in payment of rent and never paid any rent for last 13 years and in spite of several notices for payment of rent, he failed to pay the rent and arrears of rent became Rs.38,400/- till December, 2015 and, accordingly, in terms of agreement the allotment of shop was cancelled by the order as impugned in the writ petition.

Appellant has already been evicted from the shop and present LPA has been filed after unexplained and inordinate delay of 468 days.

After hearing the parties, this Court does not find any infirmity or error in the order passed by the learned Single Judge, requiring any interference by this Court.

Patna High Court L.P.A No.174 of 2020 dt.29-07-2021 3/3 Accordingly, the LPA is dismissed.

(Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.08.2021 Transmission Date NA