Shivendra Kishore v. The Bihar State Housing Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7115 of 2020 ====================================================== Shivendra Kishore Son of Late Prahlad Prasad Saha, Permanent resident of LIG House No. LH-53, Srikrishna Nagar Housing Colony, P.S. Budha Colony, District-Patna Presently residing at B-109/A, Budha Colony (near Hospito India), P.S. Budha Colony, District-Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Housing Board through it Managing Director,6-Sardar Patel Marg, Patna-800015.

2.

The Managing Director, Bihar State Housing Board, 6-Sardar Patel Marg, Patna-800015.

3.

The Estate Manager, Bihar State Housing Board, 6-Sardar Patel Marg, Patna-800015.

4.

Patna Municipal Corporation, through Patna Municipal Commissioner, Maurya Lok, Patna.

6.

Smt. Sangeeta Prasad D/o Late Harihar Nath, W/o Sri Manoj Shankar Prasad Resident of Kavi Raman Path, P.S. Budha Colony, Town and District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Janardan Pd. Singh, Sr. Advocate Mr. Saroj Kumar For the Housing Board :

Mr. Pawan Kumar Ms. Pratibha For the Respondent No.6 :

Mr. Abhinav Srivastava Mr. Sanchay Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-04-2024 Heard the parties.

2. The dispute between the parties is with regard to the width of the road.

3. Learned counsel for the petitioner submits that the width of the road in front of his house is 20 ft. whereas the submission of learned counsel for the Patna Municipal Corporation (PMC) and learned counsel appearing on behalf of

Patna High Court CWJC No.7115 of 2020(8) dt.25-04-2024 2/2 the Housing Board is that the width is 12 ft. in front of the plot of the petitioner as well as the Respondent No. 6.

4. This dispute cannot be decided by this Court.

5. It is for the petitioner to approach the Municipal Commissioner, Patna who will decide the issue and pass a reasoned order in accordance with law after hearing the petitioner, the Housing Board and the Respondent No. 6.

6. If the PMC is approached, it is expected that the dispute is decided by the Commissioner, PMC at the earliest and preferably within three months.

7. With the aforesaid observations and directions, this application is disposed of.

(Sandeep Kumar, J) Saif/- U