Kamal Kumar Agrawal vs The State Of Bihar And Ors
2023 Latest Caselaw 3950 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.23935 of 2018
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Kamal Kumar Agrawal S/o Late Pawan Kumar Agrawal Resident of Mohalla- Mina Bazar, Post Office Road, P.O. P.S.-Raxaul, District- East Champaran,

... ... Petitioner/s Versus

1. The State Of Bihar through District Magistrate East Champaran.

2. Superintendent of Police, East Champaran, Motihari.

3. Dy. Superintendent of Police-Cum SDPO Raxaul District- East Champaran.

4. S.D.O. Raxaul, District- East Champaran.

5. Raxaul Nagar Parisad, Raxaul, District-East Champaran through its Secretary.

6. Executive Officer Nagar parisad, Raxaul, District- East Champaran

7. Chairman Nagar Parisad, Raxaul, District-East champaran

8. S.H.O., Town P.S., Raxaul,District- East Champaran

9. Ramsati Devi W/o Sri baidh nath Prasad Resident of Mohalla- old Exechange Road, raxaul, P.O. P.S- Raxaul, District- East Champaran.

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

For the Petitioner/s : Mr. Md. Shahnawaz Ali, Advocate For the Respondent/s : Mr. Shiv Kumar, Advocate For the Nagar Parishad : Mr. Devidas Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 22-08-2023

Heard Mr. Md. Shahnawaz Ali, learned counsel

appearing on behalf of the petitioners and Mr. Devidas

Srivastava, learned counsel for the Nagar Parishad, Raxaul. The

State is represented by Mr. Shiv Kumar.

2. The petitioner by invoking the extraordinary writ

jurisdiction of this Court under Article 226 of the Constitution

of India, seeking a direction commanding upon the respondent

authorities no. 2 to 4 & 8 to allow him to demolish the old and Patna High Court CWJC No.23935 of 2018 dt.22-08-2023

dilapidated house and to reconstruct his house, over plot No.

1179, Khata No. 170 ad measuring an area of 8.5 dhurs situated

at Main Bazar, Raxaul.

3. Learned counsel for the petitioner submits that

despite permission having been granted by the Nagar Parishad,

Raxaul allowing him to demolish his old and dilapidated house,

in question, the respondent no. 9, who has been coming in

possession of a shop, just adjacent to the plot, in question, by

one pretext or other, not allowing the petitioner to get the old

and dilapidated house demolished. He further submits that at

present there is no proceeding pending with respect to the land,

in question, over which the old and dilapidated house is situated,

but the respondent no. 9 in collusion with the police officials

and the public administration have been continuously causing

hindrances in complying the order of the municipal authorities

of the Nagar Parishad, Raxaul. The prayer of the petitioner is

only confined to the extent that pursuant to the permission

granted by the Nagar Parishad, Raxaul for demolition of the old

and dilapidated house, at the time of demolition, the concerned

police officials may be directed to ensure their presence at the

site of the plot in question, to effect the peaceful demolition of

the building.

Patna High Court CWJC No.23935 of 2018 dt.22-08-2023

4. At this juncture, learned counsel for the State

submits that if the demolition of the old and dilapidated building

in no way disturb the possession of the respondent no. 9 or any

others, and if there is no proceeding pending between the

petitioner and respondent no. 9, there would not be any

difficulty in demolishing the building, in question.

5. Learned counsel for the petitioner also drew the

attention of the Court that the land, in question, has been

bifurcated into two Blocks B and C and so far the building, in

question, is concerned, it situates in Block B and so far the shop

owned by the respondent no. 9 is concerned, it is situated in

Block C. Hence, no difficulty would arise in demolishing the

building, in question.

6. Considering the submissions made on behalf of the

parties and taking into consideration the nature of relief sought

for, the present writ application stands disposed of with a liberty

to the petitioner to file an application before the SDO, Raxaul to

provide police force at the time of demolition of the old and

dilapidated building, in question, pursuant to the permission

granted by the Nagar parisad, Raxaul.

7. It is needless to observe that if such an application

would be filed, the concerned SDO would be under obligation Patna High Court CWJC No.23935 of 2018 dt.22-08-2023

to enquire the matter as to whether there is any proceeding or

dispute with respect to the land over which the old and

dilapidated building is erected and if he would found that there

is no proceeding or any impediment in demolishing the same, he

will provide the necessary police force in order to ensure

peaceful demolition for which permission has been accorded by

Nagar Parishad, Raxaul.

(Harish Kumar, J) shivank/-

AFR/NAFR                NA
CAV DATE                NA
Uploading Date          23.08.2023.
Transmission Date       NA