Umapati Devi v. The Bihar State Housing Board
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4345 of 2023 ====================================================== 1.
Umapati Devi Wife of Late Bhagwan Sharma Resident of MIG- 161, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya. 2.
Rajendra Prasad Singh, Son of Late Shivdeo Singh Resident of MIG- 41, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya. 3.
Rajeshwar Prasad Singh, Son of Rama Prasad Singh Resident of MIG- 85, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya. 4.
Smt. Usha Devi, Wife of Shri Krishnandan Prasad Resident of MIG- 121, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya. 5.
Ravi Ranjan Kumar, Son of Late Ramanugrah Sharma Resident of MIG- 68, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya. 6.
Rakesh Kumar, Son of Late Jharkhandi Singh Resident of MIG- 171, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya. 7.
Virendra Kumar Singh, Son of Late Surya Narayan Singh Resident of MIG84, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya. 8.
Shree Prakash Singh, Son of Sheodhari Singh Resident of MIG- 65, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya. 9.
Rakesh Ranjan Kumar, Son of Late Kishori Prasad Resident of MIG- 106, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, Gaya. ... ... Petitioner/s
Versus
1.
The Bihar State Housing Board through its Managing Director, 6- Sardar Patel Path, Patna.
2.
The Revenue Officer, Bihar State Housing Board, 6- Sardar Patel Path, Patna.
3.
The Estate Officer, Bihar State Housing Board, 6- Sardar Patel Path, Patna. 4.
The Executive Engineer, Gaya Division, Bihar State Housing Board, Gaya. 5.
The District Magistrate, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Singh, Advocate For the State :
Mr.Kinkar Kumar (SC-9) For the Housing Board :
Dr. Alok Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-08-2024 At the outset, it is accepted across the bar that the petitioners no. 5, 6 and 9 have already
Patna High Court CWJC No.4345 of 2023(5) dt.07-08-2024 2/3 died, hence eviction proceedings, if any, qua them have stood abated, nonetheless, the learned counsel for the Bihar State Housing Board, Patna seeks liberty to initiate fresh eviction proceedings against the legal heirs of the petitioners no. 5, 6 and 9, in case the same have not yet been initiated. Liberty, so sought, is granted.
2.
Admittedly, as far as the petitioner no. 2 is concerned, no eviction proceedings are pending, however, as far as petitioners no. 1, 3, 4, 7 and 8 are concerned, eviction proceedings are going on, hence the learned counsel for the said petitioners submits that they would be filing their responses/show cause, within a period of two weeks' from today, hence competent authority may be directed to decide the said eviction proceedings expeditiously, which have been numbered as Eviction Case No. 81/2023 (concerning petitioner no. 1), Eviction Case No. 59/2023 (concerning petitioner no. 3), Eviction Case No. 89/2023 (concerning petitioner no. 4), Eviction Case No. 58/2023 (concerning petitioner
Patna High Court CWJC No.4345 of 2023(5) dt.07-08-2024 3/3 no. 7) and Eviction Case No. 30/2023 (concerning petitioner no. 8).
3.
Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioners no. 1, 3, 4, 7 and 8 to file their respective show cause replies, in the aforesaid eviction proceedings, if so advised, within a period of two weeks from today, whereupon the competent authority shall decide the aforesaid eviction cases, by passing the final order, in accordance with law, within a period of three months, thereafter.
4.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) S.Sb/- U