Jageshwar Ray @ Jageshwar Prasad Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6419 of 2020 ====================================================== Jageshwar Ray @ Jageshwar Prasad Ray Son of Sri Paras Nath Rai, Resident of Mohalla- Defence Colony, Flat No. 267, P.O. Lohianagar, P.S. Kankarbagh, Patna- 800020 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The Bihar State Housing Board, Patna through its Managing Director. 4.

The Managing Director, The Bihar State Housing Board, Patna. 5.

The Appellate Authority under the Bihar State Housing Board Act, The Bihar State Housing Board, Patna.

6.

The Competent Authority, The Bihar State Housing Board, Patna. 7.

The Executive Engineer, The Bihar State Housing Board, Patna, Patna Division-1, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar Sinha, Advocate For the Respondent/s :

Mr.Abbas Haider ( Standing Counsel-6 ) Mr. Ravish Chandra, AC to Standing Counsel-6 For the Housing Board : Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-06-2022 Though the present writ petition has been filed challenging the order dated 11.12.2017 passed by the competent authority in Eviction Case No. 124 of 2016, whereby and whereunder the petitioner has been directed to remove the unauthorized constriction within 30 days, however, it is the contention of the learned counsel for the petitioner that no enquiry/measurement was held in presence of the petitioner, hence an empty formality has been resorted to in order to cause

Patna High Court CWJC No.6419 of 2020(3) dt.23-06-2022 2/2 harm to the petitioner and his premises. Nonetheless, the learned counsel for the petitioner seeks liberty to approach the same authority for review of the said order dated 11.12.2017 and also for re-measurement of his land/premises in his presence so that the principles of natural justice is complied with. Liberty so sought is granted.

It is needless to state that in case appropriate review petition is filed within a period of four weeks from today, the same shall be disposed off, in accordance with law expeditiously.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U