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Patna High CourtCWJC/10067/2023disposed

Amit Kumar Ranjan v. The State Of Bihar

2023-07-19Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10067 of 2023 ====================================================== Amit Kumar Ranjan Son of - Late Ajit Sharma Director Magadh Central School, Tekari, District- Gaya, Resident of village- Keori, P.O.- Tajpur, P.S.- Mahakar, District- Gaya.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

4.

The Collector, Gaya.

5.

The Senior Superintendent of Police, Gaya.

6.

The Sub-Divisional Officer, Tikari, District- Gaya. 7.

Sub-Divisional Police Officer, Tikari, District- Gaya. 8.

Officer-in-Charge-cum-S.H.O., Tekari Police Station, District- Gaya. 9.

Sunil Kumar Son of Late Girja Shankar R/o Mohalla Professor Colony, Red House Compound, West Church Road, P.S. Rampur, District and Town Gaya.

10.

Sri Anil Kumar S/o Late Girija Shankar R/o Professors Colony, Red House Compound, West Church Road, P.S. Rampur, District and Town Gaya. 11.

Sri Pravin Kumar S/o Late Girija Shankar, C/o Dr. Vinod Kumar Bihari 24/4 Vasu Estate, Canal Road, Dehradun, Uttarakhand. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 19-07-2023 The present writ petition has been filed seeking the following relief:- "1(A). For issuance of appropriate writ(s), order(s), directing the respondnt nos. 6 and 7 to unlock the premises of the petitioner in which

Patna High Court CWJC No.10067 of 2023 dt.19-07-2023 2/3 Magadh Central School is running since 2012 and its hostel situated in the premises.

(B). For issuance of appropriate writ/writs order/orders directing the Sub-Divisional Officer, Tekari to decide the petition filed by the petitioner under Section 10 of Bihar Building (L.R. & E.) Control Act, 1992 on 10.05.2023 at the earliest and in the meantime the petitioner be allowed to teach the students in the premises in question situated at Tekari.

(C). For issuance of further direction upon the respondent no.- 8 (S.H.O., Teakari police station) to stop the nuisance being created by the local land grabbers and land mafias for which the petitioner has already filed Tekari P.S. Case No. 288 of 2023 dated 04.05.2023 in which the Investigating Officer is not acting properly." 2.

At the outset, the learned counsel for the petitioner has confined his relief to issuance of a direction to the House Controller-cum-Sub-Divisional Officer, Tekari, Gaya, to dispose of the case, filed by the petitioner under Section 10 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982, on 10.5.2023, within a stipulated time frame.

3.

Having regard to the limited prayer made by the petitioner in the present writ petition, I deem it fit and proper to direct the House Controller-cum-Sub-Divisional Officer, Tekari,

Patna High Court CWJC No.10067 of 2023 dt.19-07-2023 3/3 Gaya, to dispose off the case, filed by the petitioner, under Section 10 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982, on 10.5.2023, by passing a reasoned and a speaking order, after hearing the affected parties and in accordance with law, within a period of eight weeks of receipt / production of copy of this order.

4.

It is needless to state that in case, any application for grant of interim relief is filed by the petitioner, the same shall also be considered by the House Controller-cum-Sub-Divisional Officer, Tekari, Gaya, in accordance with law and an order shall be passed thereon, forthwith.

5.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.08.2023 Transmission Date NA