Patna High Court
Deepak Kumar Jaiswal vs The State Of Bihar on 18 December, 2023
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6953 of 2023
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Deepak Kumar Jaiswal S/o Mahindra Kumar Jaiswal, R/o Ward No. 12,
N.A.C. Road, P.O. and P.S.- Khagaria, District- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and land
Reforms Department, Government of Bihar, Patna.
2. The Principal Secretary, Revenue and land Reforms Department,
Government of Bihar, Patna.
3. The Divisional Commissioner, Patna.
4. The District Magistrate, Khagaria.
5. The Sub-Divisional-Officer, Sadar- Khagaria, District- Khagaria.
6. The Executive Officer, Nagar Parishad, Khagaria, District- Khagaria.
7. Smt. Shanti Devi, W/o Late Ramesh Choudhary, R/o Ward No. 19, P.O.
Road, P.O. and PS- Khagaria, Bihar- 851204
8. Sunil Kumar, S/o Mahesh Prasad Sah, R/o Thana Road, Ward No. 18, PO
and PS- Khagaria, District- Khagaria Bihar- 851204.
9. Shanti Singh, W/o Shri Sudhanshu Mohan Singh, R/o- Western Boring
Canal Road, Patna. (Vendor)
10. The Architect, Nagar Parishad, Khagaria, District- Khagaria.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Alok Ranjan, Advocate
For the State : Mr.Asif Kalim, AC to AAG 12
For respondent no.8 : Mr. Ajay Kumar, Advocate
For Nagar Parishad : Mr. Krishna Chandra, Advocate
Ms. Prakritita Sharma, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 18-12-2023
Counter affidavit filed on behalf of the respondent
no.6 is directed to be kept on record.
2. Heard Mr. Alok Ranjan, learned counsel appearing
Patna High Court CWJC No.6953 of 2023 dt.18-12-2023
2/6
on behalf of the petitioner; Mr. Asif Kalim, learned AC to AAG
12 for the State, Mr. Ajay Kumar, learned counsel for
respondent no.8 and Mr. Krishna Chandra along with Ms.
Prakritita Sharma, learned counsels for the Nagar Parishad,
Khagaria. .
3. Petitioner has filed the writ petition for following
reliefs:-
(i) For quashing of the order as contained
in order dated 11.04.2023 issued under the signature of
Divisional Commissioner, Munger, passed in case
No.421110112205622/1A as 1st Appellate authority,
whereby and whereunder a direction has been issued to
demolish the part of the building of the petitioner and to
recover fine from the petitioner.
(ii) For restraining and commanding the
respondent authorities from taking any coercive action
as against the petitioner (from demolishing the part of
the building of the petitioner).
(iii) For holding that the order passed by the
respondent authority and the entire process issued by the
authority (Divisional Commissioner, Munger) is abuse
of process of law, wholly without jurisdiction and in
contravention of principles of Natural Justice.
(iv) For directing and commanding the
respondent authorities pass final order in accordance
with law after taking into consideration the reply filed
on behalf of the petitioner, in this behalf, that the
passage of 8 feet is private property of the vendor of the
petitioner and permanent construction has already been
made from more than 50 years back.
(v) For any other appropriate relief/reliefs
Patna High Court CWJC No.6953 of 2023 dt.18-12-2023
3/6
to which the petitioner is found entitled in the facts and
circumstances of this case."
4. Learned counsel appearing on behalf of the
petitioner submits that dispute relates to a small piece of land
situated in Mauja-Hajipur, Khata No.87, Khesra No.156,
measuring an area of 725 square feet, which he had purchased
from respondent no.9 in the year 2013 and at the time of
purchase, already construction was existing over the land and a
covered private path for entering into the rest land was already
there which is mentioned in the recital of the sale deed also.
Soon after purchasing the said piece of land, the petitioner got
the land mutated in his name and started paying rent to the State
Government. Since the construction on said piece of land was
very old, petitioner started with renovating the same and
respondent no.8, who is an anti-social element, demanded an
amount of Rs. 5 lakhs as ransom, else he had threatened that he
will not allow him to make construction work. Since the illegal
demand raised by respondent no.8 was not fulfilled by the
petitioner, respondent no.8 made several complaints before
many of the authorities, pursuant to which the petitioner was
asked to file his reply and the petitioner filed his reply on
21.12.2022
in the office of Executive Officer, Nagar Parishad,
Khagaria. Thereafter again pursuant to order passed by the
Patna High Court CWJC No.6953 of 2023 dt.18-12-2023
Divisional Commissioner dated 21.03.2023, the Executive
Officer, Nagar Parisahd, Khagaria had proceeded to prepare a
detailed report and after visiting the site informed the petitioner
vide memo no.439 dated 31.03.2023 to remove the deviation
and also file his reply. Thereafter, petitioner filed his reply on
26.04.2023 and no action has been taken on the reply of the
petitioner and in the meantime, finally the order was passed on
11.04.2023 by the Divisional Commissioner, Munger directing
for demolition of the construction made by the petitioner.
5. The case of the petitioner is that he was not
afforded any opportunity of hearing and without allowing the
petitioner to place his case, order of demolition has been passed.
Petitioner is aggrieved with the said order.
6. Per contra, Ms. Prakritita Sharma, assisted with
Mr. Krishna Chandara, panel counsel submits that after holding
proper inquiry at the spot, an order for demolition was passed
against the petitioner, who had constructed two more floors than
what was sanctioned.
7. Having considered the rival submissions of the
parties as well as the fact that pursuant to the order passed by
the Divisional Commissioner dated 21.03.2023, the Executive
Officer, Nagar Parishad had proceeded to prepare a detailed
Patna High Court CWJC No.6953 of 2023 dt.18-12-2023
report and after making technical and physical inquiry, informed
the petitioner vide memo no. 439 dated 31.03.2023 to remove
the deviation or file his reply and pursuant to which, the
petitioner filed his reply on 26.04.2023 and no action has been
taken on the reply of the petitioner. In the meantime, the
petitioner also did not seek it proper to approach the Executive
Officer of any of the authority of Nagar Parisahd and finally the
order was passed on 11.04.2023 by the Divisional
Commissioner, Munger, who has not issued any notice to the
petitioner.
8. The order passed by the Divisional Commissioner,
Munger is held to be in operative, as the same has been passed
without issuing any notice to the petitioner.
9. The petitioner may approach the Divisional
Commissioner or he may, in the meantime, proceed to file his
application before the Executive Officer, Nagar Parishad,
Khagaria for compounding of any deviation which is
permissible in accordance with law.
10. It is made clear that till the Divisional
Commissioner passes a fresh order by modifying his earlier
order, the Municipal Commissioner will not take any action till
he finally decides the case of the petitioner.
Patna High Court CWJC No.6953 of 2023 dt.18-12-2023
11. With aforesaid observations and directions, the
writ petition stands disposed of.
(Purnendu Singh, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.12.2023
Transmission Date NA
