Patna High CourtL.P.A/1237/2002dismissed

P.R.D.A.And ORS v. Yogendra Prasad Rai And ORS

2015-04-16Mr. Justice Ahsanuddin Amanullah,Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1237 of 2002 Arising out of Civil Writ Jurisdiction Case No. 8696 of 2002 ===========================================================

1. Patna Regional Development Authority, Maurya Lok Complex, P.S. Kotwali, District-Patna through the Vice Chairman, P.R.D.A., Maurya Lok Complex, Patna.

2. The Vice-Chairman, PRDA, Maurya Lok Complex, P.S.-Kotwali, DistrictPatna. .... .... Appellant/s (Respondent/s)

Versus

1. Yogendra Prasad Rai, S/o Kapildeo Rai, resident of at and P.O. Rajaura, P.S. and District-Begusarai.

2. Najib Anwar S/o M.A. Haque, resident of G/51, Peoples Cooperative Colony, Kankarbagh, District-Patna.

-------------Respondent/s/ (Petitioners/) 1st set.

3. State of Bihar through the Secretary Urban Development Department, New Secretariat, Patna.

4. The District Magistrate, Patna.

5. Superintendent of Police, Patna.

--------------Respondent/s IInd Set.

=========================================================== Appearance :

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE V.N. SINHA) Date: 16-04-2015 In the present appeal notice was issued in admission matter under order dated 20.01.2005 and the operation of the impugned order passed by learned Single Judge of this Court dated 16.09.2002 in CWJC No. 8696 of 2002 and analogous matters was stayed.

From the office note, it appears that the notice issued on the concerned respondent has not yet been served. During the pendency of the present appeal because of the stay of

Patna High Court LPA No.1237 of 2002 dt.16-04-2015 2/2 the impugned order, the authorities of the then PRDA proceeded and the constructions were demolished and new constructions have also come up.

In the circumstances, prayer made in the present appeal to set aside the order of the learned Single Judge has become infructuous and in that view of the matter, we dispose of the appeal granting liberty to the successor Patna Municipal Corporation to proceed in accordance with law, if required. (V.N. Sinha, J.) (Ahsanuddin Amanullah, J.) Anand Kr.