Patna High Court
Sanjay Kumar vs The State Of Bihar on 21 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.308 of 2021
In
Civil Writ Jurisdiction Case No.10857 of 2020
======================================================
Sanjay Kumar, Son of Late Girish Singh, Resident of Mohalla-Bhikhna
Pahari, Police Station-Pirbahore, District-Patna.
... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Housing and Urban Development Department,
Government of Bihar, Patna.
3. The Principal Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
4. The Collector, Patna.
5. The Nagar Parishad, Danapur Nizamatt through its Executive Officer,
Danapur, Patna.
6. The City Executive Officer, Nagar Parishad Nizamat, Patna, Bihar.
7. The Circle Officer, Danapur Circle, Patna.
8. The M/s Singh Developers Represented through his Partner Pankaj Kumar,
S/o Sri Vijay Kumar Singh, Office Cum Resident-Gandhi Nagar, Danapur,
P.S.-Digha, District-Patna.
9. M/s Surya Developers and Planner Pvt. Ltd. represented through Managing
Director Ramesh Prasad Singh, S/o Sri Jagat Narayan Singh, Office at
Shivganga Vihar, Ambedkar Path, Bailey Road, Patna.
10. Dharambir Prasad Singh, Son of Late Naresh Chandra Singh, Resident of
Gola Road, Gajadharchak, P.S.-Danapur, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. K.N.Chaubey, Sr. Advocate
Mr. Sanjay Kumar Singh, Advocate
For the Respondent/s : Mr. Yogendra Prasad Sinha, AAG 7
For the Nagar Parishad : Mr. Sunil Kumar, Advocate
For the Resp. No. 10 : Mr. J.S.Arora, Sr. Advocate
Mr. Karandeep Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJAN GUPTA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court L.P.A No.308 of 2021 dt.21-10-2021
Date : 21-10-2021
The instant memo of appeal is being preferred
against the order dated 26.03.2021 passed by the learned Single
Judge in CWJC No. 10857 of 2020, titled as Dharambir
Prasad Singh vs. The State of Bihar and Ors. whereby and
whereunder the learned Single Judge has allowed the writ
petition filed by the Respondent No. 10 herein and quashed the
order dated 04.09.2020 as contained in Memo No. 1674
(Annexure-6 to the writ petition) issued under the signature of
Respondent No. 6 namely The City Executive Officer, Nagar
Parishad Nizamat, Patna, Bihar, by holding that the same is
without jurisdiction and legally unsustainable.
It is not in dispute that post passing of the
impugned order dated 26.03.2021, the Respondent No.
10/appellant herein, has taken recourse to remedy in terms of
the liberty granted by the learned single Judge.
Learned counsel for the appellant fairly states
that the Respondent No. 10/appellant herein has now preferred a
title suit which is pending before the Civil Court. Learned
counsel states that perhaps, direction may be issued for
expeditious disposal of the same.
Neither Shri J.S.Arora, learned senior counsel,
Patna High Court L.P.A No.308 of 2021 dt.21-10-2021
who appears for the private respondent no. 10 herein/writ
petitioner, nor the State has any objection in that regard.
As such, we dispose of the present appeal with a
direction to the trial court to expedite the title suit.
It is clarified that we have not expressed any
opinion on the merits of the case and left open all questions of
fact and law to be adjudicated in the proceeding already initiated
by the appellant herein before the trial court.
Since, the parties have been litigating for long,
we request the trial court to dispose of the title suit
expeditiously, preferably within a period of two years, in
accordance with law. The parties shall fully co-operate in the
proceeding and shall not take any unnecessary adjournment.
(Sanjay Karol, CJ)
( Rajan Gupta, J)
Sujit/Ashwini
AFR/NAFR
CAV DATE
Uploading Date 22.10.2021
Transmission Date
