Mosmat Raj Kumari Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17941 of 2018 ====================================================== Mosmat Raj Kumari Devi, W/o Late Jagarnath Prasad, R/o Mohalla- Garib Astan Road, Makhan Sah Chauk, Ward No.-21, P.S.- Town, DistMuzaffarpur. ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The District Magistrate, Muzaffarpur.

3.

The Municipal Commissioner, Municipal Corporation, Muzaffarpur. 4.

The Ward Parisad, Ward No.-21, Municipal Corporation, Muzaffarpur. 5.

The Nigam Amin, Municipal Corporation, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Yogendra Prasad Sinha, AAG-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-01-2020 The petition filed on 05.09.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s: "For directing and commanding the respondent authorities to demolish the damaged shop of the petitioner which is situated under Khata No. 195, Khesra No. 0328, Garib Asthan Road, Makhan Sah Chauk, Ward No.21, District- Muzaffarpur under the supervision of experts by which other buildings will not be damaged." After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if

Patna High Court CWJC No.17941 of 2018 dt.06-01-2020 2/2 a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.01.2020 Transmission Date NA