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Patna High CourtCWJC/7639/2020disposed

Mukesh Kumar v. The State Of Bihar

2020-09-15The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7639 of 2020 ====================================================== Mukesh Kumar, Son of Ganga Prasad, resident of village- Madanpura, P.S.- Belchhi, District- Patna ... ... Petitioner/s

Versus

1.

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

The Commissioner, Patna Division, Patna 3.

The District Magistrate, Patna 4.

The District Land Acquisition Officer, Patna 5.

The Circle Officer, Sadar, Patna 6.

The Chief Managing Director Patna Metro Rail Corporation Ltd, Indira Bhawan, 7th Floor, Bailey Road, Patna-800001 7.

The Director (Work) Project, Patna Metro Rail Corporation Ltd, Indira Bhawan, 7th Floor, Bailey Road, Patna-800001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Prasad, Adv.

For the Respondent/s :

Mr.Patanjali rishi, Adv.

(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 15-09-2020 Heard the parties.

Petitioner has prayed for following reliefs:- "For restraining the respondent s for starting acquisition process and for starting proposed construction of Metro Depot/Metro Yard and P D Area under Metro Rail scheme over the

Patna High Court CWJC No.7639 of 2020 dt.15-09-2020 2/3 purely residential area situated at Pahari Mauza, Than no. 14 and Ranipur Mauza, Thana no. 19 Ward no. 56 East in front of new ISBT, Patna.

(ii) For the respondents may be directed for taking steps for acquisition of the land for construction of Metro Depot/Metro yard and D P area either at Aitwarpur where earlier decision was taken for acquisition of land or any other area situated at outside of Patna Municipal Corporation.

(iii) For other order/direction in the interest of about 872 poor family who have purchased small plots for constructing the house and some are peacefully residing for about 25 years."

After some argument the learned counsel for the petitioner prays to withdraw this petition in order to approach respondent no.7 to raise his grievances before him by filing a fresh representation highlighting the issues raised in this writ petition for his consideration and upon such representation being filed by the petitioner respondent no.7 shall consider and pass necessary orders on such representation within 30 days from the date of receipt of such representation. However, if any

Patna High Court CWJC No.7639 of 2020 dt.15-09-2020 3/3 grievance of the petitioner still survives, liberty reserve to him to take recourse to such remedies as are otherwise available in accordance with law.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA