Rajesh Kumar @ Rajesh Prasad And ORS v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4876 of 2019 ====================================================== 1.

Rajesh Kumar @ Rajesh Prasad and Ors Son of Late Chote Lal Mahato Resident of Saidpur Musallah alias Rampur, Ward No. 47, P.S. - Bahadurpur, District - Patna 2.

Pappu Paswan Son of Late Lakhan Paswan Resident of Saidpur Musallah alias Rampur, Ward No. 47, P.S. - Bahadarpur, District - Patna 3.

Nagina Paswan Son of Late Budhha Paswan Resident of Saidpur Musallah alias Rampur, Ward No. 47, P.S. - Bahadarpur, District - Patna ... ... Petitioner/s

Versus

1.

The Union Of India and Ors Through the Secretary, Ministry of Housing and Urban Poverty Alleviation, New Delhi.

2.

The State of Bihar through the Principal Secretary, Ministry of Urban Development and Housing Department.

3.

The Patna Municipal Corporation through its Municipal Commissioner, Patna 4.

The Managing Director Bihar Urban Infrastructure Development Corporation Ltd.

5.

The Senior Superintendent of Police Patna, Bihar 6.

The Officer in Charge Bahadarpur Police Station, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ansul For the Respondent/s :

Mr.Yogendra Prasad Sinha ( AAG 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-11-2019 The petitioners, through the present writ application have prayed for the following reliefs:

(I) Not to demolish/vacate the Slum at Mauza - Saidpur Musallahpur alias Rampur, Anchal - Patna Sadar, which is a Gairmazarua land bearing Tauzi No. 320, Thana No. 3, Khata No.

Patna High Court CWJC No.4876 of 2019(5) dt.22-11-2019 2/3 309, Khesra No. 433, admeasuring an area of 1 acre 83 decimals, over which the petitioners and others concerned belonging to Scheduled Caste and other backward classes are residing since over 70 years.

(ii) To stay the demolition/removal of the petitioners and other families from the aforementioned land till pendency of this writ petition.

(iii) To settle the petitioners and other families who have been staying over the said plot of land since over 50 years now.

Learned counsel for the State submits that if only the petitioners approach the appropriate authority seeking benefits under the policy, cases of all the three writ petitioners shall be considered expeditiously and positively within a period of two months. These statements have been taken on record leaving all issues open.

Without expressing any opinion on the merits of the writ petition, We dispose of this writ application with a direction to the petitioners to make themselves available in the office of the Patna Municipal Corporation on 10th December, 2019 at 11.00 A.M., when the cases of each one of the petitioners shall be processed and thereafter taken to its logical conclusion in

Patna High Court CWJC No.4876 of 2019(5) dt.22-11-2019 3/3 accordance with law. This exercise shall positively be done within a period of three months from today.

(Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) anil/- U