Barun Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1667 of 2015 In Civil Writ Jurisdiction Case No. 20342 of 2014 ======================================================
1. Barun Kumar Son of Narendra Narain Thakur Resident of H.I.G. Sector - 07, Block 04, Flat No. 06, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
2. Ram Dhani Singh Son of Late Ramdeo Singh Resident of H.I.G. Sector - 07, Flat No. 08, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
3. Niranjan Bharti Son of Late Janardan Prasad Resident of H.I.G. Sector - 07, Block 07, Flat No. 37, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
4. Devendra Sharma Son of Late Ram Nandan Singh Resident of H.I.G. Sector - 07, Block 07, Flat No. 05, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
5. Shradha Shruti D/o Barun Kumar Resident of H.I.G. Sector - 07, Block 06, Flat No. 12, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
6. Parwati Devi Wife of Hira Singh Resident of H.I.G. Sector - 07, Block 06, Flat No. 12, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
7. Mansa Devi Wife of Vishnu Sharma Resident of H.I.G. Sector - 07, Flat No. 23, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
8. Vinod Kumar Verma Son of Late Dinesh Kumar Verma Resident of H.I.G. Sector - 07, Block 06, Flat No. 13, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
9. Kumari Pushpa Rani Wife of Upendra Kumar Verma Resident of H.I.G. Sector - 07, Block 08, Flat No. 34, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
10. Sunita Devi Son of Rajiv Kumar Resident of H.I.G. Sector - 07, Block 04, Flat No. 40, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
11. Babul Kumar Son of Lalan Singh Resident of H.I.G. Sector - 07, Block 04, Flat No. 23, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
12. Kaushal Kumar Son of Baijnath Singh Resident of H.I.G. Sector - 07, Block 07, Flat No. 31, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
13. Awadh Kumar Son of Ram Prasidh Prasad Resident of H.I.G. Sector - 07, Block 01, Flat No. 40, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
14. Sanju Kumari Wife of Ajay Kumar Singh Resident of H.I.G. Sector - 07, Block 05, Flat No. 08, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
15. Ravindra Kumar Son of Ram Pravesh Kumar Resident of H.I.G. Sector - 07, Block 05, Flat No. 39, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna
16. Manish Kumar Singh Son of Indu Shekhar Prasad Singh Resident of H.I.G. Sector - 07, Block 07, Flat No. 34, Bahadpur Housing Colony, P.S. Agamkuan, District - Patna .... .... Appellants
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
Patna High Court LPA No.1667 of 2015 (2) dt.09-12-2015
2. The Secretary, Housing and Urban Development, Govt. of Bihar, New Secretariate, Patna
3. The Bihar State Housing Board, Beerchand Patel Path, Patna through its Secretary
4. The Managing Director, Bihar State Housing Board, Beerchand Patel Path, Patna
5. The Secretary, Bihar State Housing Board, Beerchand Patel Path, Patna
6. The Executive Engineer, Bihar State Housing Board, Division - II, Bhootnath Road, Patna
7. The Executive Engineer, Bihar State Housing Board (Construction) Division - II, Bhootnath Road, Patna
8. The Law Officers, Bihar State Housing Board, Patna .... .... Respondents ====================================================== Appearance :
For the Appellant/s : Mr. Siya Ram Shahi For the Respondent/s : Mr. Rajesh Singh ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 09-12-2015 Heard Mr. Siya Ram Shahi, learned counsel for the appellants, and Mr. Lalit Kishore, learned Principal Additional Advocate General, appearing for the respondent Nos. 3 to 8. Heard also Mrs. Abhanjali, learned AC to G.P. 16, appearing for the respondent No. 1.
I.A.No. 7726 of 2015:
Having perused the order, dated 29.04.2015, passed in C.W.J.C.No. 20342 of 2014, which has been challenged in this appeal, since we do not find any merit in the appeal, it has been submitted, on behalf of the appellants, that the appellants seek a reasonable period of time to vacate the premises, in question, which belong to Bihar State Housing Board.
Patna High Court LPA No.1667 of 2015 (2) dt.09-12-2015 We, however, notice that the order, under appeal, has been passed as far back as in the month of April, 2015. We are, therefore, of the view that the appellants have received sufficient time to vacate the premises, in question, from the date of order under appeal.
Mr. Siya Ram Shahi, learned counsel for the appellants, submits that the appellants will vacate the premises, in question, by 29th February, 2016, and hence, no action for their eviction may be directed not to be taken by the respondents Housing Board. To the submissions so made, no objection has been raised by the respondents Housing Board.
In view of the above and in the interest of justice, we hereby direct the appellants to vacate the premises, in question, by 29th February, 2016.
To the extent as indicated above, the order, dated 29.04.2015, aforementioned, shall stand modified. I.A. No. 7726 of 2015 shall stand disposed of. The appeal shall also stand disposed of.
(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./-