Hariyali Bazar Dukandaar Sangh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16806 of 2023 ====================================================== Hariyali Bazar Dukandaar Sangh, Situated at Hariyali Sabji Bazzar, Anta Ghat, Bankipur, Patna through its Presedent Anil Kumar Singh a Son of Sri Mudrika Prasad Singh, resident of Near Ram Janki Mandir, Hasanpur, Junaid District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Patna.

2.

The Collector, Patna.

3.

Municipal Commissioner, Patna Municipal Corporation, Patna. 4.

Sub Divisional Officer, Sadar, Patna.

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

For the Petitioner/s :

Mr.Nagadeo Choubey, Advocate For the State :

Mr. Sanjay Kumar, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-08-2024 The present writ petition has been filed seeking the following relief:- "1(i) For issuance of a writ of certiorari for quashing the oral order of the Collector, Patna communicated to the petitioner and others shopkeepers on 24.11.2023 whereby the allottees of Hariyali Sabji Bazaar, Anta Ghat, Patna have been directed to remove their shops along with all belongings within two days failing which the same would be demolished.

ii) For issuance of a writ of mandamus directing the respondent authorities to allot alternate place for Hariyali Sabji Bazaar before demolishing the same and also allow a month's time to the shopkeepers of Hariyali Sabji Bazaar for shifting their shops from the existing

Patna High Court CWJC No.16806 of 2023(3) dt.20-08-2024 2/2 place."

2. At the outset, the learned counsel for the respondent-State fairly submits that admittedly, neither any proceeding has been initiated against the members of the petitioner nor any written order has been passed for their removal, hence in case respondent authorities decide to proceed further in the matter, they would definitely give appropriate notices to the members of the petitioner, seek their replies and thereafter, pass appropriate order in accordance with law, before evicting the shopkeepers/demolishing their shops. 3.

The learned counsel for the petitioner submits that if it be so, the present petition be disposed off. 4.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U