Sri Mohan Jha Suman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7702 of 2016 ====================================================== Sri Mohan Jha Suman S/o - Late Babu Jha R/o P.O. - Nanaur, Police Station - Rudrapur, District - Madhubani, Pin - 847411. ... ... Petitioner/s

Versus

1.

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

The Commissioner, Darbhanga Division, Darbhanga. 3.

The District Magistrate, Darbhanga.

4.

The Secretary, Darbhanga Regional Development Authority D.R.D.A., Darbhanga.

5.

The Deputy Secretary, The Darbhanga Regional Development Authority D.R.D.A., Darbhanga.

6.

The Darbhanga Municipal Corporation, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav, Advocate For the Respondent/s :

Mr.Roy Shivajee Nath- Aag3 For DMC :

Mr.Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-10-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of appropriate order, direction or writ in the nature of MANDAMUS commanding the respondents to get the registry done in the name of the petitioner, with regard to the plot which has already been allotted to the petitioner vide Letter No.- 887 dated 30.09.1999, i.e. Plot No.8, situated Vaidehi Nagar Residential Colony, Darbhanga, by Darbhanga Regional Development Authority (D.R.D.A.)."

2. At the outset, the learned counsels for the parties

Patna High Court CWJC No.7702 of 2016(3) dt.03-10-2024 2/3 fairly submit that the present case is squarely covered by a judgment, rendered by a Division Bench of this Court, dated 07.11.2023, passed in LPA No.411 of 2015, (Biresh Kumar Sinha Vs. State of Bihar and Ors.), wherein it has been held as follows:- "6. We find considerable force in the finding of the learned Single Judge that from the year 2006 to the year 2014, the appellant did not take any steps to ventilate his grievance. The appellant let the matter rest after the order was issued in the year 2006 and probably as an after thought and/or advise received, filed the petition, long after, in the year 2015. The delay is considerable and the allotment had been made in the year 1997 and the entire amounts were not paid up in time. Even now, the Corporation has offered to grant the allotment if the rates as prescribed today are paid.

7. If the appellant is desirous of the allotment, the appellant shall approach the Authority with a representation within two weeks from the date of disposal of writ petition and the Authority shall within two weeks thereafter communicate the amounts (as per the present MVR) that has to be deposited, also specifying the period in which such deposit has to be made. In directing such deposit to be made, the Authority shall also reckon the

Patna High Court CWJC No.7702 of 2016(3) dt.03-10-2024 3/3 amounts already paid, though with delay. If thus the amounts now demanded is paid, definitely the allotment shall be made of the plot if it is still available for allotment.

8. With the above reservation & observation, the appeal stands dismissed."

3. In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Municipal Commissioner, Darbhanga Municipal Corporation, Darbhanga, for redressal of his subsisting grievances. Liberty so sought is granted.

4. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U