Smt. Kamla Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.5555 of 2013 IN Civil Writ Jurisdiction Case No. 364 of 2013 =========================================================== SMT. KAMLA DEVI W/O SRI RAMESHWAR PRASAD RESIDENT OF FLAT NO. 284, DEFENSE COLONY, LOHIYANAGAR, P.S. KANKARBGH, PATNA800026, TOWN AND DISTRICT PATNA. .... .... PETITIONER/S
VERSUS
1. THE STATE OF BIHAR.
2. SHRI ANUPAM KUMAR SUMAN, THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, PATNA, BIHAR.
3. SMT. PRABHA SHARMA W/O SHRI NAWAL KISHORE SHARMA PERMANENT RESIDENT OF VILLAGE CHAKSAID (LONA), P.S. BARAND, P.O. RAJAPAKAR, DISTRICT VAISHALI, PRESENTLY RESIDING AT FLAT NO. 283, DEFENSE COLONY, LOHIYANAGAR, P.S. KANKARBAGH, PATNA-800026, TOWN AND DISTRICT PATNA.
.... .... OPPOSITE PARTY/S =========================================================== Appearance :
For the Petitioner/s : MR. MADHAV KRISHNA, ADVOCATE. For the O.P No.3 : MR. S.C. JHA NO. 3, ADVOCTE. MR. HARENDRA KUAMR SINGH, ADVOCATE.
MR. DHIRENDRA KUMAR SINGH, ADVOCATE.
For the State : MR. ATAL BIHARI PANDEY, AC TO GP 22. For the O.P. No. 2 : MR. ANIL KUMAR SINHA, ADVOCATE. MR. ABHIMANYU DEO, ADVOCATE.
=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 23-02-2015 Learned counsel for the petitioner and learned counsel for the State are present.
The present contempt application has been filed asserting non compliance of the order dated 15.01.2013 passed in C.W.J.C. No. 364 of 2013 whereunder the aforesaid writ
application was dispose of with observation that since the building is of doubled-storeyed with flats at each floor which were allotted to the petitioner as well as private respondent no. 6 by the Housing Board, this Court considers it appropriate that petitioner should approach the Managing Director of the Board, who is directed to look into the matter and take appropriate action in accordance with law in terms of the Rules and Regulations and Guidelines of the Housing Board within one month from the date of filing of her representation. He shall also be at liberty to pass interim orders, as may be necessary.
Learned counsel appearing on behalf of the Managing Director, Bihar State Housing Board, Patna (opposite party no. 2) submits that in compliance of the order under contempt, the representation of the petitioner dated 14.02.2013 has been disposed of by the opposite party no. 2 vide order dated 19.02.2014 with direction to the Executive Engineer, Bihar State Housing Board, Patna to remove encroachment in accordance with the Bihar State Housing Board Act, 1982. Learned counsel for the petitioner submits encroachment is still in existence.
Since the order, under contempt, has been complied
with by the opposite party no.2, therefore, no further action is required. Accordingly, this contempt application is disposed of. (Rajendra Kumar Mishra, J) Bhardwaj/- U