Patna High Court
M/S Aarini Development Pvt. Ltd vs The State Of Bihar on 28 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4912 of 2023
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M/s Aarini Development Pvt. Ltd. through its Director Manish Kumar Singh,
Gender-Male, aged about-36 Years, Son of -Late Murli Manohar Singh,
Resident of Mithila Colony, Nashriganj, P.S.-Digha, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development and
Housing Department, Government of Bihar, Patna.
2. The District Magistrate, Patna.
3. The Executive Officer, Nagar Parishad, Daughter Nizamat,
4. The Officers In-Charge, Danapur Police Station, Danapur.
5. Nagendra Rai Son of Mahaveer Rai R/o-Ram Jaipal Nagar, Tirumala
Colony, P.S.-Rupaspur, District-Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bibhuti Narayan, Advocate.
For the Respondent/s : Mr. Subhash Pd. Singh, GA-3.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 28-08-2023
Heard the learned counsel for the parties.
2. The petitioner having been entered into a
development agreement on 23.11.2019 for construction of
residential building and also agreed to develop the said land
and offered to built multi-storeyed residential complex over
the land with the owner of the land approach before this Court
seeking quashing of the order contained Memo No.3025,
dated 08.07.2022 issued by the respondent no.3, the Executive
Patna High Court CWJC No.4912 of 2023 dt.28-08-2023
Officer, Nagar Parishad, Danapur Nizamat whereby the
petitioner has been restrained from making construction and
further directed to submit his reply. The petitioner further
seeks quashing of the letter no.5347, dated 17.11.2022
whereby further notice has been issued to the petitioner
directing him to stop the construction.
3. A submission has been made on behalf of the
petitioner that on a complaint filed by one Nagendra Rai
before the Real Estate Regulatory Authority (RERA) vide
Complaint Case No.CC/1618/2020, the proceeding has been
initiated and finally the matter went up to the Division Bench
of this Court in LPA No. 263 of 2022, which came to be
dismissed on 18.10.2022, in the meantime, the respondent
no.3 without taking into consideration the above mentioned
facts issued the impugned letter as contained in Memo No.
3025, dated 08.07.2022, directing the petitioner to stop the
construction work and further a similar notice has also been
issued as contained in letter no.5347, dated 17.11.2022, which
are impugned herein. It is further submitted that in response to
the aforesaid letter, petitioner submitted his reply and
requested to grant further extension for construction of work,
as due to the order issued by the Nagar Parisad restraining him
Patna High Court CWJC No.4912 of 2023 dt.28-08-2023
from making construction over the land, the same could not be
done.
4. After some argument, learned counsel for the
petitioner fairly submits that against the order passed by the
Executive Officer, Nagar Parisad, Danapur, there is a remedy
of appeal before the Municipal Building Tribunal, under
Section 323(3) and he is under obligation to assail the order
before the Building Tribunal, however, by the time he will
move the Building Tribunal, let there shall be no coercive
action against the petitioner, so that in the meantime any
prejudice would not be caused to him. For the said purpose he
prays for four weeks time to file an appropriate appeal against
the order impugned herein.
5. Considering the submissions made on behalf of
the petitioner, the present writ application stands disposed of
with a liberty to the petitioner to file an appeal before the
Municipal Building Tribunal, preferably within a period of
four weeks from today.
6. It is need less to observe that if such appeal is
filed within the aforesaid period the same shall be considered
taking into account that the matter was pending before this
Court and till that time there shall be no coercive action
Patna High Court CWJC No.4912 of 2023 dt.28-08-2023
against the petitioner.
7. Accordingly, the present writ application stands
disposed of with the aforesaid liberty.
(Harish Kumar, J)
manoj/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.08.2023
Transmission Date NA
