Ashwani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16757 of 2021 ====================================================== 1.

Ashwani Kumar S/o Gopal Mishra Resident of Shop No. 17, Market No. 2, Rajbansi Nagar, Phulwari, L.B.S. Nagar, Patna, Bihar- 800023. 2.

Dhananjay Kumar S/o Shyamnandan Sharma Resident of Shastrinagar, Rajbansi Nagar, Road No. 1 se 6, Patna, Bihar- 800010 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Executive Engineer, Patliputra Building Division Building Construction Department, Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The Sub Divisional Officer, Patna City- cum- Special Officer, Agriculture Produce Market Committee (Dissolved) Mussalhpur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Mishra, Advocate For the Respondent/s :

Mr. Sushil Kumar, GP22 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-08-2022 Petitioners have prayed for the following relief(s):- "For setting aside the order contained vide Memo No. 52 dated 06.08.21 issued by S.D.O., Patna City cum Special Officer Agriculture Produce Market Committee (Dissolved) Mussallahpur, Patna (respondent no.

4) whereby and where under said

Patna High Court CWJC No.16757 of 2021 dt.24-08-2022 2/3 authority has cancelled the leased agreement/ allotment of the petitioners only on sole ground that (i) Medical Shop is being run on rent (petitioner no. 1) and (ii) Pathology House Agreement has not been renewed for several years (petitioner no. 2) corresponding to Case No.

17/2019 and Case No. 145/2019."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioners, learned counsel for the petitioners, under instructions, states that the petitioners shall be content if the petitioners are permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law. Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Liberty reserved to the petitioners to take recourse to such other remedies as are otherwise available in accordance with law.

It stands clarified that all issues of fact and law are left open to be agitated by the competent authority.

Patna High Court CWJC No.16757 of 2021 dt.24-08-2022 3/3 Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Satyavrat Verma, J) K.C.Jha/Kundan AFR/NAFR CAV DATE Uploading Date 25.08.2022 Transmission Date