Dr. Jagannath Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15491 of 2015 ====================================================== Dr. Jagannath Mishra S/o Late Pt. Rabinandan Mishra, resident of 113/70B, Lal Bahadur Shastri Nagar, P.S.- Shastri Nagar, in the town and District of Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna

2. The Principal Secretary, Department of Building Construction, Govt. of Bihar, Patna

3. The Principal Secretary, Department of Cabinet Secretariat, Govt. of Bihar, Patna

4. The Principal Secretary, Department of Finance, Govt. of Bihar, Patna

5. The Estate Officer, Department of Building Construction, Govt. of Bihar, Patna

6. Mr. Nitish Mishra, S/o Dr. Jagannath Mishra, House No. 12, Jawahar Lal Nehru Marg (Bailey Road), Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siya Ram Sahi Mr. Rajani Kant Mishra For the State Mr. Prabhat Kumar AC to GA 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-12-2015 Heard Mr. Sahi for the petitioner and AC to GA-2 for the State.

The petitioner being the Ex-Chief Minister of the State was allotted Quarter No.41, Kranti Marg(Harding Road), Patna in the light of the Resolution of the government dated 02.07.2014 (Annexure-2). Initially, he was permitted to exchange the allotment with his son who was residing at Quarter No.12, Jawaharlal Nehru Marg (Bailey Road) Patna. The same was however cancelled by order contained in Annexure-8 in the light

Patna High Court CWJC No.15491 of 2015 (2) dt.22-12-2015 2/2 of an order of the High Court. By the impugned order (Annexure10) similar order has been passed cancelling the earlier exchange order by which the petitioner was allotted 12, Jawaharlal Nehru Marg. In substance, the petitioner continued as per the said order in Quarter No.41, Kranti Marg (Harding Road) which was initially allotted to the petitioner vide Annexure-3.

The contention of the petitioner is that as per the Resolution of the government (Annexure-2), he is entitled to a furnished bungalow/quarters. 41, Harding Road is not furnished and the petitioner may experience difficulty. Considering the above, this Court directs the government in the appropriate department to take immediate steps towards furnishing the Quarter No.41, Harding Road as per the protocol as quickly as possible preferably within 03 months so that the petitioner may not experience any hardship.

The writ application is disposed of with the aforesaid observation(s).

(Kishore Kumar Mandal, J) HR/- U