Bablu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14473 of 2022 ====================================================== Bablu Kumar son of Rajendra Prasad, resident of Ward No- 48 Musallahpur P.O.- Mahendru, P.S.- Pirbhore, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The State of Bihar through Chief Secretary, Government of Bihar, Patna. 3.
Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
4.
The Divisional Commissioner, Patna.
5.
The Collector, Patna, District- Patna.
6.
The Municipal Commissioner, Patna Municipal Corporation, Patna. 7.
Sub- Divisional Officer, Patna City, Patna.
8.
Chief Executive Officer, Patna Municipal Corporation, Patna. 9.
Circle Officer, Patna Sadar, Patna.
10.
SHO, Alamganj Police Station, District- Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan, Advocate For the Respondent/s :
Mr. Yogendra Pd. Sinha (AAG 7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 14-10-2022 Petitioner has prayed for the following relief(s):- "(i) For directing and commanding the respondent not to dispossess the 68 families who are residing since last 60-70 years at Gaighat North street Slum Area of
Patna High Court CWJC No.14473 of 2022(2) dt.14-10-2022 2/3 ward no.-53 of Patna Nagar Nigam, Patna without any alternate adjustment for them under the affordable Housing and slum Rehabilitation & redevelopment housing Policy-2017.
(ii) And also for directing and commanding the respondent to rehabilitates aforesaid families of aforesaid Slum area under the affordable Housing and slum Rehabilitation & redevelopment housing Policy-2017 and till Rehabilitation not to remove them.
(iii) And not to take any coercive step against 68 families residing at Gaighat North Street Slum Area of ward no.-53 of Patna Nagar Nigam, Patna without taking any alternate adjustment as they are ready to resides at any appropriate place as directed by State Government.
(iv) And also for directing and commanding the respondent not to disconnect basic amenities from the said families such as electricity connection, water supply etc.
(v) And also for any other relief/relieves for which the petitioner is found to be legally entitled under the facts and circumstances of the case."
After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition,
Patna High Court CWJC No.14473 of 2022(2) dt.14-10-2022 3/3 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 petitioner 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. Interlocutory application(s), if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-DKS U