M/S. Deo Construction vs The State Of Bihar
2022 Latest Caselaw 2696 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.3905 of 2022
     ======================================================

M/s. Deo Construction through its Partner Rajesh Kumar, aged about- 42 years, Gender- Male, son of Sri Krishna Prasad, resident of Chandravati- Krishna Kutir, Krishna Chandra Colony, Patel Seva Nagar, Bhagwat Nagar, Road No. 5, Kumhrar, P.S. Kumhrar at and District- Patna.... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna.

2. The Bihar Animal Science University through its Vice- Chancellor, Bihar Veterinary College Campus, Patna- 800014

3. The Registrar, Bihar Animal Science University, Bihar Veterinary College Campus, Patna- 800014

4. The Estate Officer, Bihar Animal Science University, Bihar Veterinary College Campus, Patna- 800014

5. The District Magistrate, Patna.

6. The Executive Engineer, New Capital Road Division (RCD), Public Works Department, Fire Brigade Campus, Buddha Marg, Patna.

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

For the Petitioner/s : Mr. Alok Kr. Sinha, Sr. Advocate Mr.Bhola Kumar, Advocate For the Respondent/s : Mr.Syed Iqbal Ahmad (Sc20) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-05-2022 Heard learned counsel for the parties.

Petitioner has prayed for following relief:- Patna High Court CWJC No.3905 of 2022 dt.10-05-2022

Petitioner through learned counsel, Shri Alok Kumar

Sinha, Sr. Advocate, states that within one month from today,

the site in question shall be vacated and possession thereof be

handed over to the rightful claimant, be it the Bihar Animal

Science University. Also, he shall pay such amount which is

reasonable and in terms of the contract entered into between the

parties. He further states that for such purpose, he will approach

the competent authority by making a proper representation.

Statement accepted and taken on record.

We dispose of the present petition on the

following mutually agreeable terms:-

(a) Petitioner shall positively hand over the vacant

and peaceful possession of the site in question to the

competent authority, be it the Bihar Animal Science

University;

Patna High Court CWJC No.3905 of 2022 dt.10-05-2022

(b) Petitioner shall approach respondent no.4,

namely, the Estate Officer, Bihar Animal Science

University, Bihar Veterinary College Campus, Patna-

800014 for recalculation of the amount of rent / damages

due and payable for use of public property;

(c) Needless to add, the same has to be in terms of

the agreement entered into between the parties;

(d) In view of the fact that communication dated

21st of January, 2022 (Annexure 7 page 22) incorporating an

order imposing damages of Rs.9,76,666/- was passed

without affording opportunity of hearing to the petitioner,

we quash the same reserving liberty to the authority to pass

an appropriate order in accordance with law;

Petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands

disposed of.

                                                      (Sanjay Karol, CJ)


Sanjay/-Ranjan                                             ( S. Kumar, J)
AFR/NAFR                 NAFR
CAV DATE                 NA
Uploading Date           13.05.2022
Transmission Date        NA