Ekbal Ahmad vs The State Of Bihar
2023 Latest Caselaw 3852 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.18265 of 2022
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1. Ekbal Ahmad Son of Md. Yunus Resident of Mohalla- Takkar More, Gudari Bazar, P.S.- Bhagwan Bazar, District- Saran at Chapra.

2. Mansur Quraishi, Son of Shamashul Hoda Quraishi, Resident of Village-

Daulatganj, Chik Toli Masjid, P.S.- Bhagwan Bazar, District- Saran at Chapra.

3. Maula Ali Ansari, Son of Md. Saddik Ansari, Resident of Mohalla- Ajayeb Ganj, P.S.- Bhagwan Bazar, District- Saran at Chapra.

4. Kanhaiya Ram, Son of Uma Shankar Ram, Resident of Mohalla- Nabiganj, P.S.- Bhagwan Bazar, District- Saran at Chapra.

5. Rakesh Kumar, Son of Parshuram Singh, Resident of Mohalla- Gudari Bazar Chhawani, P.S.- Bhagwan Bazar, District- Saran at Chapra.

... ... Petitioner/s Versus

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

2. The Commissioner, Saran Division, Saran at Chapra.

3. The Commissioner, Chapra Nagar Nigam, Chapra.

4. The Deputy Commissioner, Chapra Nagar Nigam, Chapra.

5. The District Magistrate, Saran at Chapra.

6. Smt. Kiran Devi, Wife of Shambhu Prasad, Resident of Muhalla-

Daulatganj, near Takkar More, P.S.- Bhagwan Bazar, Dist.- Saran at Chapra.

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Adv. For the Resp-State : Mr. Kinkar Kumar, SC-9 Mr. Yogesh Kumar, Adv.

For the Chapra Nagar Nigam : Mr. Indu Bhushan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 18-08-2023

Heard Mr. Dewendra Narayan Singh, learned counsel

for the petitioners and Mr. Indu Bhushan, learned counsel for

the Chapra Nagar Nigam. The State is represented by Mr.

Yogesh Kumar, learned counsel.

Patna High Court CWJC No.18265 of 2022 dt.18-08-2023

2. The petitioners, who were said to be allottee of the

shops bearing part shops no. 6D1 to 6D5, in the market of Nagar

Nigam Chapra, situated at Gudri Bazar, Chapra, have preferred

the instant writ application seeking inter alia, quashing of the

order contained in Memo No. 2735 dated 09.12.2022, passed by

the Commissioner, Nagar Nigam, Chapra (as contained in

Annexure-32) whereby the petitioners have been directed to

vacate their respective shops situated at Gudri Bazar within a

period of 24 hours from the date of receipt of the said order,

failing which a direction was issued to get the goods/articles

kept inside the shops auctioned.

3. Prima facie, the order impugned in the present writ

application appears to be consequential to the order contained in

letter no. 590 dated 17.03.2021 passed by the Commissioner,

Chapra Nagar Nigam, Chapra against which earlier the

petitioners had preferred C.W.J.C. No. 8835 of 2022 before this

Court, which was disposed of vide order dated 22.09.2022 with

a liberty to the petitioners to assail the order before the Civil

Court.

4. It is fairly submitted on behalf of the petitioners

that in deference to the order of this Court, the petitioners served

a notice upon the respondent no.3 under Section 377 of the Patna High Court CWJC No.18265 of 2022 dt.18-08-2023

Bihar Municipal Act, 2007, preceding filing of the civil suit.

After completion of the required period of thirty days, the

petitioners filed Title Suit No. 1124 of 2022 for setting aside the

order contained in letter no. 590 dated 17.03.2021 before the

court of learned Sub-Judge-I, Saran at Chapra. It is further

contended that the petitioners also filed an application in the

aforesaid title suit with a prayer of mandatory injunction for

directing the respondent-authorities to get opened the seal of the

shops of the petitioners and to allow them for running of

business in their respective shops. However, during the

pendency of the aforenoted application, the respondent no.3

again came up with the present impugned order contained in

Memo No. 2735 dated 09.12.2022, directing the petitioners to

vacate their respective shops, failing which their goods or

articles kept inside the shops would be subjected to auction.

5. Per contra, learned counsel for the respondent no.3

submits that since the matter is already sub judice before a court

of competent jurisdiction and moreover the petitioners are

pursuing their remedy bonafidely and the injunction petition is

pending consideration, any interference in the matter would be

uncalled for.

6. Having heard the parties and taking into Patna High Court CWJC No.18265 of 2022 dt.18-08-2023

consideration the fact that pursuant to the direction of the

Division Bench of this Court, the petitioners have been

bonafidely pursuing their remedy and the injunction petition

filed on their behalf is already pending consideration and the

Civil Court has ample power under Section 395 of the Bihar

Municipal Act, 2007 to deal with the issue raised before this

Court, which is an offshoot of the order contained in letter no.

590 dated 17.03.2021, this Court refrains from issuing any

direction in the matter.

7. Accordingly, the present writ application is

disposed of granting liberty to the petitioners to file application

for urgent hearing before the learned court of Sub-Judge-IX,

Saran at Chapra, where the Title Suit is pending for

consideration.

(Harish Kumar, J) rohit/-

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Uploading Date          19-08-2023
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