The Haroon Nagar Cooperative House Construction Society Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4951 of 2026 ====================================================== The Haroon Nagar Cooperative House Construction Society Limited, a Cooperative Society registered under the Co-operative Society Act, 1912, having its registered office situated at Community Hall, Haroon Nagar, Sector 2, P.O. and P.S.- Phulwari, Town and District - Patna-800014, (State of Bihar), represented through its Secretary, namely Shahid Perwaiz, aged about 59 years, S/o Md. Ayub Ansari ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Vikash Bhawan, Patna. 2.

The Collector - cum District Magistrate, Patna. 3.

The Circle Officer, Patna Sadar, Patna.

4.

The Phulwari Nagar Parishad, Phulwari, Patna through its Executive Officer. 5.

The Executive Officer, Phulwari Nagar Parishad, Phulwari, Patna. 6.

The Real Estate Regulatory Authority, Bihar, Patna, office situated at- 6th Floor, Bihar State Building Construction Corporation Campus, Hospital Road, Shastri Nagar, Patna -800023, through its Chairman. 7.

The Chairman, Real Estate Regulatory Authority, Bihar, Patna, office situated at- 6th Floor, Bihar State Building Construction Corporation Campus, Hospital Road, Shastri Nagar, Patna-800023 8.

Azalfa Building Construction Private Limited, regd. office House No. 506 A/ 1, New Azimabad Colony, Mahendru, P.O. Mahendru, P.S.- Bahadurpur, Town and District- Patna 800006, through its Managing Director, namely Naushad Alam 9.

Naushad Alam, Managing Director, Azalfa Building Construction Private Limited, - regd. office - House No. 506 A/ 1, New Azimabad Colony, Mahendru, P.O. - Mahendru, P.S.- Bahadurpur, Town and District - Patna - 800006 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Jha, Advocate For the State :

Ms. Surekha Kumari, AC to GP-18 For the RERA : Ms. Ojashwi Ishani, Advocate Mr. Rishikesh Rajan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

Patna High Court CWJC No.4951 of 2026(2) dt.09-04-2026 2/3

2. The petitioner has filed the instant application for the following relief(s):

"I. To direct the Respondent No. 4, namely Phulwari Nagar Parishad to hold an inquiry with regard to sanction of building plan vide Plan Case No. 15/2021 - 22 within a time frame and upon finding the same upon misrepresentation of the Respondent No. 8 and 9 cancel the same as per law and II. To direct the Respondent State, more particularly Respondent No. 3 to enquire into the matter and upon enquiry finding the paen which is a public land being encroached upon by the Respondent No. 8 and 9 initiate a proceeding as per law and remove the encroachment and III. To pass such other and further order(s) as to your Lordships may deem fit and proper in the interest of justice."

3. Having heard learned counsel for the parties and having perused the contents of the petition, the writ application is disposed of directing the petitioner to file a fresh representation along with a copy of this order before the Executive Officer, Phulwari Nagar Parishad, Phulwari, Patna (respondent no.5) within a period of two weeks.

4. In case such a representation is filed, the same shall be decided by the respondent no.5 in accordance with law within a period of three months from the date of its filing and the result thereof shall be communicated to the petitioner

Patna High Court CWJC No.4951 of 2026(2) dt.09-04-2026 3/3 forthwith.

5. The writ application stands disposed of.

(Partha Sarthy, J) Saurabh/- U