Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15271 of 2022 ====================================================== Rajesh Kumar Singh son of Late Ramji @ Late Ramjiwan Singh, Resident of Badi Kanjarpur, Near DIG Kothi, P.S.-Barari, District-Bhagalpur, Bihar. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Urban Development and Housing Department, Bihar.

3.

The District Magistrate, Bhagalpur.

4.

The Superintendent of Police, Bhagalpur.

5.

The Officer-in-Charge, P.S.-Barari, Bhagalpur. 6.

The Bhagalpur Municipal Corporation through the Commissioner. 7.

The Municipal Commissioner, Bhagalpur Municipal Corporation, Bhagalpur.

8.

The Executive Officer, Bhagalpur Municipal Corporation, Bhagalpur. 9.

The (erstwhile) Bhagalpur Regional Development Authority through its Vice-Chairman, Bhagalpur.

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate :

Mr. Vikash Kumar Pankaj, Advocate For the State :

Mr. Kinkar Kumar (SC-9) For the BMC :

Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-09-2024 Heard the parties.

2. The present petition has been filed for the grant of following reliefs:- (i) To issue Writ of Certiorari to set aside the Notice contained in Memo No. 2246 dated 24.08.2022 (Annexure-2) issued by Respondent No. 7 whereby the Petitioner has been directed to vacate his Shop situated at Kotwali Chowk, Rain Basera Complex, Bhagalpur, within a week.

Patna High Court CWJC No.15271 of 2022(2) dt.30-09-2024 2/2 (ii) To issue Writ of Mandamus or any other appropriate Writ order direction directing the, Respondents particularly Respondent No. 6, 7 & 8 to restrain from dispossessing the Petitioner from the aforesaid shop.

3. The counter affidavit of the respondent Bhagalpur Municipal Corporation has come according to which, it will be filing appropriate petition under Section 11 of the Bihar Building (Lease, Rent and Eviction) Controlled Act, 1982.

4. In view of the fact that, the Corporation will be approaching the competent civil court, the petitioner shall be appearing before the said court and fight out a case.

5. The writ petition stands disposed of.

(Rajiv Roy, J) vinayak/- U