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Patna High CourtCWJC/10402/2024disposed

Rashtriya Lok Janshakti Party v. The State Of Bihar

2024-10-29Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10402 of 2024 ====================================================== 1.

Rashtriya Lok Janshakti Party having its office at House No. 1, Wheeler Road, Sahid Pir Ali Khan Marg, Patna, Bihar, through its State Vice President Namely Ambika Prasad , Son of Chunni Lal, Resident of MohallaPurandrpur, P.S. Jakkanpur, Patna , District- Patna. 2.

Ambika Prasad, Son of Chunni Lal Resident of Mohalla- Purandrpur, P.S. Jakkanpur, Patna , District- Patna, State Vice President of Rashtiya Lok Janshakti Party.

... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Under Secretary, Building Construction Department, Government of Bihar, Patna.

4.

The Deputy Secretary-Cum-Land Property Officer, Building Construction Department, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr.Y.V. Giri, Sr. Adv.

Mr.Ashish Giri, Adv.

For the State :

Mr.P.K. Sahi, A.G.

Mr.P.K. Verma, AAG-3 Mr.Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-10-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i) To issue appropriate writ/ order/ direction in the nature of Certiorari for quashing the order bearing Memo No. 59/4501 dated 13.06.2024, issued under the signature of the Deputy Secretary-cum-Land Property Officer, by which the allotment of Government Building, located at House No.1 Wheeler Road, Sahid Pir Ali Khan

Patna High Court CWJC No.10402 of 2024(3) dt.29-10-2024 2/3 Marg, Patna, Bihar, for official party use, has been cancelled and decision has been taken to proceed for eviction under the Bihar Government Premises (Rent Recovery and Eviction) Act, 1956. ii) To thereafter, issue writ/order/direction in the nature of mandamus directing the respondent authorities to grant renewal of the Premises in question, in light of the representation of renewal filed by the petitioner vide Letter dt.27.07.2023, after accepting the required due rent as per the provisions contained in the Bihar Government Premises (Rent Recovery and Eviction) Act, 1956. iii) To pass interim relief during the pendency of the writ application, preventing the authorities from evicting the petitioner from the premises in question."

2. At the outset, the learned senior counsel for the petitioners though seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to apply for grant of office space for the party namely, Rashtriya Lok Janshakti Party, nonetheless, seeks a direction upon the competent authority to decide the said application within a stipulated time frame as also seeks two weeks' time i.e. till 13.11.2024, to vacate the premises situated at House No. 1, Wheeler Road, Sahid Pir Ali Khan Marg, Patna, Bihar.

3. The learned Advocate General, appearing for the

Patna High Court CWJC No.10402 of 2024(3) dt.29-10-2024 3/3 State respondents submits that in case any application is filed by the petitioners for grant of office space to the party, the same would definitely be decided on its own merits, within a stipulated time frame, as is fixed by this Court.

4. Having regard to the facts and circumstances of the case, the present writ petition stands disposed of as not pressed, however, with liberty to the petitioners to file appropriate application for grant of office space for the party and in case appropriate application is filed by the petitioners, before the competent authority, the same shall be decided, in accordance with law, within a period of two weeks of filing of such an application.

5. It is needless to state that the petitioners are granted two weeks' time i.e. till 13.11.2024 to vacate the premises in question.

(Mohit Kumar Shah, J) sonal/- U