Sujoy Chandra Sannigrahi v. The Patna Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14908 of 2012 ====================================================== Sujoy Chandra Sannigrahi, S/O Late Ram Lal Sannigrahi, Resident Of 116E, Srikrishna Puri, P.S. Sri Krishna Puri, Patna. ... ... Petitioner/s

Versus

1. The Patna Municipal Corporation, Patna through its Municipal Commissioner, Municipal Office, Budh Marg, Patna.

2. Nagar Ayukat, Patna Or Municipal Commissioner, Patna Municipal Corporation, Patna.

3. The Estate Officer (Bhu Sampada Padadhkari), Patna Municipal Corporation, Patna.

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

For the Petitioner/s :

Dr. Krishna Nandan Singh, Sr.Adv.

Mr. Tushar Vaibhav, Adv.

Mr. Sriram Krishna, Adv.

For the Respondent/s :

Mr. Prasoon Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-02-2019 Learned senior counsel representing the petitioner as well as learned counsel representing the Patna Municipal Corporation as also learned counsel for the State jointly inform this Court that the judgment of the learned Single Judge rendered in the case of Sanjay Singh Vs. The State of Bihar reported in 2015(2) PLJR 58 has been affirmed in the Letters Patent Appeal bearing No.512 of 2016 and the Special Leave to Appeal (c) No(s).12463 of 2018 preferred against the same before the Hon'ble Supreme Court has also failed.

Patna High Court CWJC No.14908 of 2012(11) dt.05-02-2019 2/3 It is submitted that this writ application is squarely covered by the judgment of this Court.

In the aforesaid view of the matter, this Court finds that nothing has remained for adjudication at this stage. The petitioner would be entitled to the reliefs prayed for in the writ application, as a result thereof, letter no.2493 dated 06.06.2000 (Annexure-9) by which the respondent no.2 has called upon the petitioner to deposit Rs.60450.60 to enable consideration of his application for mutation as also the undated order of the respondent no.2 contained in memo no.3958 dated 25.07.2012 by which the petitioner has been directed to deposit a sum not specified but 50% of the profit at government rates to get mutation done are hereby quashed.

The respondent no.3 is directed to take steps to record the name of the petitioner as lessee of 'E' Type Plot No.116 of Sri Krishnapuri Housing Scheme at Patna of the Patna Improvement Trust (as it then was) in place of the original lessee Sri Prabhu Sharan in whose favour lease deed no.740 dated 24.02.1973, as contained in Annexure-'1' to the present writ application, has been executed and registered and who has sold the property in question in favour of the petitioner vide sale deed no.5293 dated 16.06.1983.

Patna High Court CWJC No.14908 of 2012(11) dt.05-02-2019 3/3 All consequential actions shall be taken by the respondent no.3 in terms of the order of this Court in the case of Sanjay Singh Vs. The State of Bihar reported in 2015(2) PLJR 58.

This writ application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) arvind/- U