Mohammed Kamran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16612 of 2024 ====================================================== Mohammed Kamran S/O Mohammed Sohail, R/O Town / Village- Kosh Anchal, P.S.- Roh, District- Nawada (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Additional Secretary, Building Construction Department, Government of Bihar, Patna.

3.

The Competent Authority -cum- Joint Secretary, Building Construction Department, Government of Bihar, Patna.

4.

The Bihar Legislative Assembly, R-Block, Patna, through its Secretary. 5.

The Secretary, Bihar Legislative Assembly, R-Block, Patna. 6.

The Deputy Director, Bihar Legislative Assembly, R-Block, Patna. 7.

The Additional Secretary, Bihar Legislative Assembly, R- Block, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.V.Giri, Sr. Adv.

Mr.Pranav Kumar, Adv.

For the Respondent/s :

Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-10-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). To issue appropriate writ, order, direction in the nature of certiorari for quashing memo no. 8054, dated 04.10.2024, issued under the signature of the Competent Authority-cum-Joint Secretary, Building Construction Department, whereunder the petitioner has been directed to vacate the Government quarter no. 2 M Strand Road within a period of 15 days of receiving the notice (Annexure-P/2, Pg.19).

(ii). To issue appropriate writ, order, direction in the nature of mandamus commanding the

Patna High Court CWJC No.16612 of 2024(2) dt.29-10-2024 2/2 respondents not to coerce the petitioner to vacate the Government quarter no. 2 M Strand Road and not to give effect to the notice no. 8054, dated 04.10.2024.

(iii). To issue an appropriate writ, order, direction in the nature of mandamus, commanding the respondents to allow the petitioner to reside in Government quarter no. 2 M Strand Road till the completion of the tenure of the petitioner as a member of legislative assembly.

2.

At the outset, the learned Senior Counsel for the petitioner as also the learned Advocate General appearing for the Respondents-State have arrived at a consensus that six weeks' time be granted to the petitioner to shift to the newly allotted house bearing Housing No. 3, New Family Type, R. Block, Patna, which has been allotted to the petitioner by the Vidhan Sabha, Secretariat.

3.

Accordingly, the present writ petition stands disposed off while granting six weeks' time to the petitioner to vacate the present quarter i.e. Quarter No. 2, M Strand Road, Patna and occupy House No. 3, New Family Type, R. Block, Patna. (Mohit Kumar Shah, J) Ajay/- U