Rajendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12433 of 2019 ====================================================== Rajendra Singh Son of Late Charan Singh Resident of M/s Bhargo Saw Mill Compound, Mithapu, P.S. Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1.

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

The Commissioner Patna Division, Patna.

3.

The Municipal Commissioner Patna Municipal Corporation, Patna. 4.

The Deputy Inspector General of Police Central Range, Patna. 5.

The District Magistrate Patna.

6.

The Superintendent of Police Patna.

7.

The Sub-Divisional Police Officer Patna City. 8.

The Sub- Divisional Officer Patna City.

9.

The Executive Officer Patna Municipal Corporation, Patna City, Patna. 10.

The Station House Officer By- Pass, Patna.

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

For the Petitioner/s :

Mr. Vinay Mistry, Advocate For the Respondent/s :

Mr. Subhash Pd. Singh, GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2023 Heard the parties.

The present petition has been preferred for issuance of a writ in the nature of Mandamus directing the Respondent No.2 & 8 to return Rs.95,000/- along with adequate interest thereon in terms of the Memo No.3509 dated 11.8.2018 (Annexure-P-1) issued by the District Magistrate, Patna because Rs. 1,00,000/- has illegally been taken by Patna Municipal Corporation, Patna vide Receipt No.134234 dated 24.8.2018 (Annexure-P-2) on

Patna High Court CWJC No.12433 of 2019(4) dt.12-07-2023 2/2 account of the demolition of the building of the petitioner situated over the land appertaining to Thana No.19, Khata No.1165, Plot No.776 measuring an area 632 feet x 2975 inches squire feet situated at Mauja-Ranipur Paijawa Pahari, Patna and for which the petitioner has filed a detailed representation on 23.5.2019 (Annexure-P-3) before the respondent authorities. It has been fairly submitted by learned Counsel for the petitioner that after the part of the building was demolished, the petitioner preferred CWJC No. 7883 of 2021 which is presently pending and as such, he may be given liberty to make this prayer too by way of I.A. in the said CWJC No. 7883 of 2021. Taking into account the aforesaid fact that as a writ petition no. 7883 of 2021 is already pending in the matter, it would be appropriate that the petitioner raise all the issues in it. The writ petition stands disposed of with the aforesaid liberty.

(Rajiv Roy, J) Neha/- U