Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14839 of 2022 ====================================================== Dinesh Kumar S/o Sita Ram East Patel Nagar, Road No.- 6, Gandhi Murti, House No.- 49B, P.S.- Shastrinagar, Dist.- Patna. ... ... Petitioner/s

Versus

1.

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

The Principle Secretary Urban Development and Housing Department, Government of Bihar, Patna.

3.

The Bihar State Housing Board, through its Managing Director, Sardar Patel Marg, Patna.

4.

The Managing Director, Bihar State Housing Board, Sardar Patel Marg, Patna.

5.

The Secretary Bihar State Housing Board, Patna. 6.

The District Magistrate, Patna.

7.

The Senior Superintendent of Police, Patna.

8.

The Circle Officer, Patna Sadar, Patna.

9.

The Station House Officer, Rajiv Nagar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Roy, Adv.

For the State :

Mr.Yogendra Prasad Sinha, AAG-7 Mr.Rajeev Kumar Sinha, AC to AAG-7 For the Hosing Board :

Mr.Pawan Kumar, Adv.

Ms.Pratibha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2023 The present writ petition has been filed seeking the following reliefs:- "1. (i) For a direction to the Respondent Authorities to immediately stop demolition of the house of petitioner situated in Mohalla Nepali Nagar, P.S.- Rajiv Nagar, Dist. Patna. Plot no. 406, Survey Plot no.- 2586, Tauji no. 5339, Khata no. 1640, Thana no. 01, Mauja Digha, Nirala Sahkari Grih Nirman

Patna High Court CWJC No.14839 of 2022(3) dt.18-07-2023 2/3 Samiti Ltd. Patna within the Jurisdiction of PRDA (now dissolved) /PMC under ward no. 2 and bounded with its Dimensions are here.

(ii) For restraining the respondents authorities from taking any action disturbing the lawful possession of the petitioner over the land situated in Nepali Nagar, P.S.- Rajiv Nagar, Dist. - Patna.

(iii) For a direction to the Respondent authorities to make appropriate settlement of the land situated in society Plot no.- 406, Survey plot no.- 2586, Tauji No.- 5339, Khata no. 1640, Thana no. 01, Mauja - Digha, total 3600 square feet in favour of the petitioner in pursuant to the provisions of the Digha Acquired Land Settlement Act, 2010, the petitioner to be entitled in the manner it has been done in settlement Act, 2010 and the scheme framed there under in the facts and circumstances of this case." The learned counsel for the parties have pointed out that the lis involved in the present case has already stood adjudicated by a Coordinate Bench of this Court by a judgment dated 25.05.2023, passed in C.W.J.C No. 9422 of 2022 (Satyendra Rai vs. The State of Bihar & Ors.) and other analogous cases, consequently, the present case is squarely covered by the said judgment dated 25.05.2003, hence the present writ petition be also disposed off in similar terms. Having regard to the facts and circumstances of the

Patna High Court CWJC No.14839 of 2022(3) dt.18-07-2023 3/3 case, I deem it fit and proper to dispose off the present writ petition in terms of the aforesaid judgment dated 25.05.2023, passed by a co-ordinate Bench of this Court in the case of Satyendra Rai (supra).

The writ petition stands allowed.

(Mohit Kumar Shah, J) sonal/- U