Patna High Court
The State Of Bihar vs Tribhuwan Developers And ... on 22 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.427 of 2021
In
Civil Writ Jurisdiction Case No.12477 of 2019
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1. The State of Bihar through the Collector, Patna.
2. The Additional Collector, Sadar, Patna.
3. The Deputy Collector, Land Reforms, Patna Sadar, Patna.
4. The Circle Office, Patna Sadar, Patna.
... ... Appellant/s
Versus
1. Tribhuwan Developers and Construction Pvt. Ltd. A duly incorporated
Company, having its registered office at Road No. 1, Rajendra Nagar, Police
Station Kadamkuan, in the Town and District Patna through its Director,
duly authorized by its Board of Directors, being Sri Mithilesh Kumar, Son of
Sri Ramji Prasad, Resident of East Patel Nagar, Road No. 8, House No. 35,
Police Station Shastri Nagar, Town and District-Patna.
2. Sri Upendra Kumar, son of Late Jagdish Kumar, Resident of Opposite A.N.
College, Boring Road, P.S. Sri Krishna Puri, District Patna at present
Residing at 15, Park Street, New Delhi-110001.
3. M/s Sunder Nagar Grih Nirman Swablambi Sahkari Samiti Ltd. through its
Chief Executive Sri Manoj Kumar Sharma, Son of Late Sri Naresh Chandra
Azad, Resident of Azad Bhawan, Sheo Puri, P.S. Shastri Nagar, in the town
and District of Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Rakesh Ranjan (A.C. To A.A.G.1)
For the Respondent/s : Mr.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJAN GUPTA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Date : 22-10-2021
This appeal is directed against the order dated
Patna High Court L.P.A No.427 of 2021 dt.22-10-2021
26.06.2019 passed in C.W.J.C. No. 12477 of 2019, titled as The
State of Bihar & Ors. Vs. Tribhuwan Developers &
Construction Pvt. Ltd. & Ors., by a learned Single Bench of this
Court.
We do not find any infirmity/illegality in the
impugned order which is reproduced hereunder in toto:
"There are four writ applications filed
against common judgment and order of the Bihar
Land Tribunal, Patna dated 19.01.2015, which are
as under:-
1. CWJC No. 12344 of 2019 (State Vs.
Ramdeo Singh).
2. CWJC No. 12702 of 2019 (State Vs.
Tribhuvan Developments and Construction
Pvt. Ltd.)
3. CWJC No. 12708 of 2019 (State Vs.
Tribhuwan Developments and construction
Pvt. Ltd.)
Let all the matters be listed under the
same heading on 17.07.2019.
In the meanwhile, learned counsel for
the State of Bihar/petitioner shall remove the
defects pointed out by the Stamp Reporter.
There is delay of more than four years
in filing these writ applications to assail the order
of the Tribunal passed in the year 2015. This Court
will consider hearing the cases on merits subject to
payment of composite cost of Rs. 5,00,000/- (five
Patna High Court L.P.A No.427 of 2021 dt.22-10-2021
lacs) to be deposited in the account of Bihar State
Legal Services Authority, which amount shall be
utilized for generating awareness among the
residents of Muzaffarpur District to tackle and fight
Acute Encephalitis Syndrome (AES), which is a
recurrent phenomenon in the area."
The delay in filing the writ petition is of more than
four years. Learned Single Judge has imposed a cost of Rs.
5,00,000/- (five lacs) on the State for not removing the defects
pointed out by the stamp reporter. This callous attitude on behalf
of the State has caused immense loss to the public interest.
Public property has been allowed to be utilized, perhaps, with
the collusion of the officers concerned.
Be that as it may, we are not inclined to interfere
with the impugned order. In fact, we further direct that the cost
of Rs. 5,00,000/- (five lacs) shall be recovered from the personal
salary of the officer/s responsible for not taking action.
The Collector, Patna, shall institute an enquiry and
fix responsibility in that regard.
Needful be positively done within a period of four
months.
The appeal is disposed of, but however, affidavit of
compliance shall be filed by the Collector stating compliance of
Patna High Court L.P.A No.427 of 2021 dt.22-10-2021
the order.
For such purpose, matter be listed on 23.03.2022.
(Sanjay Karol, CJ)
( Rajan Gupta, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 26.10.2021
Transmission Date
