Raj Kishore Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10462 of 2019 ====================================================== Raj Kishore Sharma Son of Late Ram Lakhan Sharma Resident of Ward No.19, Thana Chowk, P.S. Madhubani, District- Madhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Urban Development 2.
The Principal Secretary, Urban Development, Government of Bihar, Old Secretariat, Patna.
3.
The District Magistrate, Madhubani.
4.
The Superintendent of Police, Madhubani.
5.
The Sub Divisional Officer, Sadar Madhubani.
6.
The Circle Officer, Rahika, Madhubani.
7.
The Officer-in-Charge, Town Police Station, Madhubani. 8.
The Madhubani Nagar Parishad through its Executive Officer, Madhubani. 9.
The Executive Officer, Madhubani Nagar Parishad, Madhubani. 10.
Ashok Chandra Chaudhary Son of Late Girish Chandra Chaudhary Resident of Thana Chowk P.S. Madhubani, District- Madhubani, at present Proprietor of Anand Tower.
11.
Satto Sah Son of Proprietor of Pious Sweet, Resident of Thana Chowk, P.S.- Madhubani, District- Madhubani.
12.
Lakshmi Raut Proprietor of Lakshmi Photo Stat, Resident of Thana Chowk, P.S.- Madhubani, District- Madhubani.
13.
Ashok Mahto Proprietor of Sudha Dairy, Resident of Thana Chowk, P.S.- Madhubani, District- Madhubani.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the Respondent/s :
Mr. Abbas Haider , SC 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-06-2023 Heard the parties.
The present writ petition has been filed for the following reliefs:- (i) for issuance of an appropriate writ, order or
Patna High Court CWJC No.10462 of 2019(3) dt.26-06-2023 2/3 direction to the Respondent Nos. 8 and 9 to restore the status of the structure of the shop prior to the date of 26/2/2019 as on that day the some part of the shop of the petitioner was demolished without any prior notice to him as he has been running his shop has been for the last 35 years over the land of Khesra No. 4810 and 4817 by taking loan from the Allahabad Bank, Madhubani Branch;
(ii) for further issuance of an appropriate writ, order or direction to the Respondent Nos. 8 and 9 not to demolish the remaining part of the shop of the petitioner which is situated over the Khesra No. 4810 and 4817 as the petitioner has been paying rent to the Respondent Nos. 8 and 9 for many years and has paid rent till March 2019.
(iii) for further issuance of an appropriate writ, order or direction to the respondents not to disturb the petitioner in running his shop without any hindrance as has been done in the case of the Respondent Nos. 10 to 13.
The writ petition is disposed of with liberty to the petitioner that if a fresh representation is preferred within four weeks from today, the authority concerned (Respondent Nos. 8 and 9) shall be taking up the matter and disposed of the same within three months after hearing all the concerned parties
Patna High Court CWJC No.10462 of 2019(3) dt.26-06-2023 3/3 including the Respondent Nos. 10 to 13.
The writ petition stands disposed of with the aforesaid liberty.
(Rajiv Roy, J) Neha/- U