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Patna High CourtMJC/1978/2021disposed

Sujoy Chandra Sannigrahi v. Mr. Anupam Kumar Suman

2024-07-12Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1978 of 2021 In Civil Writ Jurisdiction Case No.14908 of 2012 ====================================================== Sujoy Chandra Sannigrahi Son of Late Ram Lal Sannigrahi Resident of 116E, Srikrishna Puri, P.S. Shri Krishna Puri, Patna. ... ... Petitioner/s

Versus

1.

Mr. Anupam Kumar Suman The Commissioner, Municipal Corporation, Patna, Buddha Marg, Patna.

2.

Mr. Amit Pandey The Commissioner, Municipal Corporation, Patna, Buddha Marg, Patna.

3.

Mr. Himanshu Sharma The Commissioner, Municipal Corporation, Patna, Buddha Marg, Patna.

4.

Mr. Nand Kumar The Estate Office (Bhu Sampada Padhadhikari), Patna Municipal Corporation, Patna.

5.

Mr. Rakesh Kumar Jha The Estate Office (Bhu Sampada Padhadhikari), Patna Municipal Corporation, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sriram Krishna, Advocate For the Opposite Party/s :

Mr.Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-07-2024 Perused the show cause.

2. It appears from the order contained in memo no.8382 dated 07.05.2024 passed by the Municipal Commissioner, Patna Municipal Corporation (Annexure-OP/A) that the sanction has already been granted for transfer of name of the petitioner in the records of the Municipal Corporation with respect to Plot No.116, Type-E, Srikrishnapuri, Patna subject to certain terms and conditions.

3. Learned counsel for the petitioner submits that

Patna High Court MJC No.1978 of 2021(5) dt.12-07-2024 2/3 some of the terms and conditions mentioned in the order are onerous and in fact create a clog over the rights of the petitioner to enjoy the property as a lessee/purchaser. It is submitted that the petitioner would reserve his rights to challenge such conditions, if so advised, in an appropriate proceeding.

4. Subject to such right to be reserved, the petitioner shall submit his affidavit in terms of the order.

5. Mr. Prasoon Sinha, learned counsel for the Patna Municipal Corporation submits that immediately after receipt of the affidavit of the petitioner, the Patna Municipal Corporation shall complete the exercise of transfer of name of the petitioner in respect of the land in question and it will be done within a reasonable period which would not be more than sixty days from the date of receipt of the affidavit.

6. Taking note of the aforesaid stand of the learned counsel for the Patna Municipal Corporation, this Court is disposing of the present contempt application giving liberty to the petitioner to seek his remedy, if any, which may be advised to him with regard to the terms and conditions but, at this stage, he would submit the affidavit to complete the process of transfer of his name in the records of the Patna Municipal Corporation within a period of six weeks from today.

Patna High Court MJC No.1978 of 2021(5) dt.12-07-2024 3/3

7. This Court has been informed that the petitioner is undergoing chemotherapy, therefore, this much time is being granted to the petitioner to file affidavit.

8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U