Pankaj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2224 of 2013 ====================================================== Pankaj Kumar, S/O Sri Saryug Prasad Pandey, R/O Village + P.O. Mor Via Mokama, P.S. Mokama, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Commissioner, Patna Municipal Corporation.

3. The Executive Engineer, In-Charge Transport Nagar, Patna Municipal Corporation.

4. The Director, Urban Planning, Urban Development Department, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Verma For the Respondent no.1&4: Mr. S.K.Saraf, AC to GP-18 For the Respondent no.2&3: Mr.S.P. Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 25-06-2015 Heard the parties.

Though the plot no.B/27 situate at Transport Nagar, Patna, which was earlier allotted to the petitioner, was cancelled way back by an order dated 12.09.2007 (Annexure-4) passed by the Additional Municipal Commissioner, Patna Municipal Corporation, but without challenging the validity and correctness of the aforesaid order, the petitioner has filed the present writ petition in the year 2013 seeking a direction to the respondents to enter into lease agreement with the petitioner with respect to plot in question after permitting the petitioner to deposit re-evaluated amount for the same.

The prayer of the petitioner seems to be completely misconceived and untenable. Unless and until the order of cancellation dated 12.09.2007 (Annexure-4) with respect to plot in question is set aside by the competent authority/court, no direction can be issued to the respondents for execution of lease agreement

Patna High Court CWJC No.2224 of 2013 (3) dt.25-06-2015 with the petitioner with respect to same plot. The writ petition is, accordingly, dismissed. (Birendra Prasad Verma, J) Arvind/- U