Daud Zafar vs The State Of Bihar
2023 Latest Caselaw 3743 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.18152 of 2022
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1. Daud Zafar, Son of Fakhruddin Ansari, Resident of Nalband Toli, Ward No. 26, Buxar, Police Station -Buxar Town in the District of Buxar.

2. Anwar Ahmad, Son of Late Shah Mohammad, Resident of Jahaj Ghat, Ward No.13, P.P. Road, Buxar, Police Station- Buxar Town in the District of Buxar.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3. The District Magistrate, Buxar.

4. The Nagar Parishad, Buxar through its Executive Officer.

5. The Executive Officer, Nagar Parishad, Buxar.

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Respondent/s : Mr. Subhash Pd. Singh (GA-3) Mr. Dilip Kumar, AC to GA-3 For the Nagar Parishad : Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 16-08-2023

Heard Mr. Sunil Kumar, learned counsel appearing on

behalf of the petitioners, Mr. Ashok Kumar, learned counsel

representing the Nagar Parishad, Buxar. The State is represented

by Mr. Subhash Prasad Singh, learned GA-3.

2. The petitioners have invoked the extraordinary

jurisdiction of this Court under Article 226 of the Constitution

of India seeking quashing of the Office order, as contained in

Letters No. 2869 and 2874 dated 17.10.2022, issued under the Patna High Court CWJC No.18152 of 2022 dt.16-08-2023

signature of Executive Officer, Nagar Parishad, Buxar

(respondent no.5) by which the land allotted to the petitioners

was cancelled and further directed to vacate the land, failing

which appropriate legal action would be taken against them.

3. It is submitted by the learned counsel for the

petitioners that both the petitioners were allotted 80 and 90 sq.

feet of land in Khata no. 509, Plot no. 542 at the monthly rent of

Rs.320/- and 360/- per month respectively by the Executive

Officer, Nagar Parishad, Buxar in the year 2013 under the

agreement executed between the petitioners and the Nagar

Parishad. While they were in peaceful possession of the land, in

question, and have been running their petty shops over the

allotted land, all of a sudden, the impugned office orders have

been issued, though the petitioners have earlier already

deposited Rs.20,000/- each (total Rs.40,000/-) for development

charges and monthly rents are also being paid to the Nagar

Parishad, Buxar.

4. He further submits that prior to the issuance of

impugned office orders, show-cause notices were issued to the

petitioners under the signature of the Executive Officer, Nagar

Parishad, Buxar, as to why not the allotment of the land, in

question, be cancelled for violation of the terms and conditions Patna High Court CWJC No.18152 of 2022 dt.16-08-2023

of Sub-Clause 4 of the allotment letter/ agreement.

5. It is next submitted that in response to the aforesaid

notices, the petitioners filed their respective explanations before

the Executive Officer, Nagar Parishad, Buxar, but in spite of

considering the aforesaid explanations, he came out with

another office order, which are impugned herein, stipulating that

till date the Nagar Parishad, Buxar has not received any

explanation and in absence thereof the allotment of the land in

favour of the petitioners stood cancelled and further directed to

remove the Puckka structure made over the land and vacate the

same.

6. Learned counsel representing the Nagar Parishad,

Buxar, while drawing the attention of this Court to the notices

issued to the petitioners, submits that the notices clearly suggest

that there is clear violation of Clause- 4 of the allotment letters,

as the petitioners have made Pucca construction over the

allotted land without any authority.

7. Be that as it may considering the fact that the

explanation/reply of the petitioners submitted in response to the

earlier show-cause notice have not been considered till date

before issuance of the impugned office orders, the matter is

remitted to the Executive Officer, Nagar Parishad, Buxar to Patna High Court CWJC No.18152 of 2022 dt.16-08-2023

consider the explanation/reply of the petitioners within a period

of four weeks from the date of receipt/production of a copy of

this order and after giving a proper opportunity of hearing to

them pass a reasoned and speaking order considering the

materials and the submissions made on behalf of the petitioners

in their explanation/reply.

8. It is made clear that no coercive action shall be

taken against the petitioners till the final order is passed by the

Executive Officer, Nagar Parishad, Buxar and thus far the

operation of impugned orders, as contained in Annexures- 1 and

2, shall also be kept in abeyance.

9. With the aforesaid observation and direction, the

present writ application stands disposed of.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          17.08.2023
Transmission Date       NA