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Patna High CourtCWJC/10736/2020disposed

Jyoti Prakash v. The State Of Bihar

2022-11-14Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10736 of 2020 ====================================================== 1.

Dr. Alpana W/o Dr. Sanjay Kumar Resident of Mohalla Flat no. 103 Quality Complex near Stephens School North Mandiri, P.S.- Buddha Colony, District- Patna.

2.

Namita Sharan W/o Alok Sharan Resident of Mohalla Flat no. 201, Sanskriti Academy, North Mandiri Balgovind Annulok, Police Station- Buddha Colony, District- Patna.

3.

Veena Devi W/o of Paras Nath Prasad Resident of Mohalla Flat no. 301 Quality Complex North Mandiri, Near ST. Stephens School, Police StationBuddha Colony, District- Patna. 4.

Manisha Kumari W/o of Avinash Kumar Resident of Mohalla Flat no. 403 Quality Complex North Mandiri, Opp. Christian Colony, Police StationBuddha Colony, District- Patna. 5.

Sunil Kumar Gupta Son of Awadh Kishor Prasad At Present, Resident of Mohalla Flat no. 204 Quality Complex North Mandiri, Opp. Christian Colony, Police Station- Buddha Colony, District- Patna. Resident of Mohalla- Shastri Nagar Siwan, Police Station- Siwan, District- Siwan. 6.

Thakur Narain Prasad Son of Jaglal Prasad Resident of Mohalla Flat no. 202 2nd Floor Quality Complex North Mandiri, Canal Road, Police StationBuddha Colony, District- Patna. 7.

Manorma Devi W/o Kameshwar Prasad Resident of Mohalla Flat no. 401 North Mandiri, Opp. Christian Colony, Police Station- Buddha Colony, District- Patna.

8.

Anil Kumar Son of Ram Kumar Prasad At present Resident of Mohalla Flat no. 203 Quality Complex North Mandiri, Opp. Christian Colony, Police Station- Buddha Colony, District- Patna. Resident of Mohalla- Nilgiri Bhawan, Udant Puri, Garh Par, Police Station- District- Nalanda. 9.

Samarendra Kumar Son of Maheshwar Prasad Yadav Resident of Mohalla Flat no. 304 Quality Apartment North Mandiri, Police Station- Buddha Colony, District- Patna.

10.

Mina Kumari W/o Devendra Kumar Resident of Mohalla Flat no. 204 Quality Complex North Mandiri, Opp. Christian Colony, Police StationBuddha Colony, District- Patna. 11.

Rajeshwar Prasad Singh Son of Shivdhari Singh Resident of Mohalla Flat no. 104 Quality Complex North Mandiri, Opp. Christian Colony, Police Station- Buddha Colony, District- Patna.

12.

Vishwanath Kumar Son of Late Jagdish Sah At Present Resident of Mohalla Flat no. 101 Quality Complex North Mandiri, Opp. Christian Colony, Police Station- Buddha Colony, District- Patna. Resident of Mohalla- C/o Ravindra Prasad Singh, Road no. 23, last, Shri Krishna Nagar, Police Station- Budda Colony, District- Patna.

13.

Manohar Ram Son of Tulsi Ram Resident of Mohalla Flat no. 501 Quality Complex North Mandiri, Police Station- Buddha Colony, District- Patna. 14.

Ravi Shankar Prasad Son of Vidya Sagar Prasad Resident of Mohalla Flat

Patna High Court CWJC No.10736 of 2020(2) dt.14-11-2022 2/3 no. 502 Quality Complex North Mandiri, Opp. Christian Colony, Police Station- Buddha Colony, District- Patna.

15.

Dinesh Rajak Son of Bajnath Rajak Resident of Mohalla Flat no. 404 Quality Complex North Mandiri, Opp. Christian Colony, Police StationBuddha Colony, District- Patna. Resident of Mohalla- Flat no. 41 Harish Tower Naya Line Dehe Area Sonari Jamshedpur Sonari, East Singhbalam. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary Department of Urban Development and Housing, Government of Bihar, Patna.

3.

The District Magistrate Patna.

4.

The Senior Superintendent of Police Patna.

5.

The Patna Municipal Corporation Through its Commissioner, Mourya Lok Complex, Bihar, Patna.

6.

The Commissioner Patna Municipal Corporation, Mourya Lok Complex, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr. Suresh Kumar ( AC to GP 1 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-11-2022 The learned counsel for the petitioners seeks permission to delete the petitioner no. 1 i.e. Jyoti Prakash from the array of parties. Permission so sought, is granted. The needful be done during the course of the day. The present writ petition has been filed seeking the following relief :- "(1) For issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction for commanding and directing the respondent authorities to

Patna High Court CWJC No.10736 of 2020(2) dt.14-11-2022 3/3 demolish/ remove the unauthorized and illegal construction having been erected in top floor of the Quality Complex Apartment (hereinafter referred to as 'Apartment') and further to stop the functioning of an office of political party in the Quality Complex, a residential apartment situated in residential area of North Mandiri and to restrain them from conducting political activities within the premises of the Quality Complex Apartment."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Municipal Commissioner, Patna Municipal Corporation, Patna for redressal of their aforesaid grievance. Liberty so sought, is granted. It is needless to state that in case, appropriate representation is filed by the petitioners within a period of four weeks from today, appropriate decision shall be taken thereon, in accordance with law and after hearing the affected parties, within a period of 12 weeks, thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U