Patna High Court
Sourav Kumar vs The State Of Bihar on 10 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1652 of 2023
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1. Sourav Kumar Son of Sri Dinesh Prasad Sah, Resident of Bus Stand, Main
Road, P.O. and P.S.-Bahadurganj, District-Kishanganj, Pin-855101, Tentant
in shop no. 32, 33 and Godown No.36 in basement of Agrawal Market, At
Bhatta Bazar Road R.N. Show Chowk, P.S.-Sahayak Thana K. Hat, Town
and District-Purnea, Pin-854301.
2. Ajay Kumar Saha Son of Late Chunni Lal Saha, Resident of Ward NO. 6,
Main Road Kasba, P.S. and P.O.-Kasba, District-Purena, Pin-854330.
3. Sanjay Kumar Kataruka, Son of Late Murari Lal Kataruka, Resident of R.N.
Sah Road, P.O. and P.S.-Bhatta Bazar, District-Purnea, Pin-854301.
4. Raman Kumar Modi, son of Pawan Kumar Modi, Resident of Station Road
Jalalgarh, P.O. and P.S.-Jalalgarh, District-Purnea, tentant in shop no.46 in
ground floor of Agrawal Market, At Bhatta Bazar Road R.N. Show Chowk,
P.S.-Sahayak Thana K. Hat, Town and District-Purnea, Pin-854301.
5. Sushila Dutt, Wife of Bhota Dutt, Resident of Navratna hata, P.O. and P.S.-
Sahayak Thana K. Hat, District-Purnea, Pin-854301.
6. Jiwan Prakash Khanna, son of Ramji Khanna, resident of H. No. 198,
Gurudwara Road, P.O. and P.S.-Purnea, District-Purnea, Pin-854301.
7. Sanjay Kalani, Son of Bal Kishan Kalani, Resident of H. NO.91, Parwati
Hata, P.O. and P.S.-Sahayak Thana K. Hat, District-Purnea.
8. Saty Dev Sharma, son of Chunni Prasad Mistri, Resident of Navratan Hata,
P.O. and P.S.-Navratan Hata, District-Purnea.
9. Rajeev Manjhi, son of Late Bhola Manjhi, Resident of Harda Bazar, P.O.
and P.S.-Maranga, District-Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Urban Development and
Housing Department, Government of Bihar, Patna.
2. The Commissioner, Purnea Division, Purnea.
3. The Collector, Purnea.
4. The Sub-Divisional Officer, Sadar Purnea.
5. The Superintendent of Police, Purnea.
6. The Town Commissioner, Purnea Municipal Corporation, Purnea.
7. The North Bihar Power Distribution Company Limited through the
Executive Engineer, Electricity Supply Division (East and West), Purnea.
8. Sri Ramesh Chandra Agrawal, son of Late Ram Narayan Chandra, resident
of R.N. Sah chowk, Ward no. 13, P.S.-K. Hat, District-Purnea.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. J. S. Arora, Sr. Adv. with
Patna High Court CWJC No.1652 of 2023 dt.10-10-2023
Mr. Manoj Kumar, Adv.
For the State : Ms. Indira Kumari, AC to AAG 7
For the Municipal Corporation : Mr. Prince Kumar Mishra, Adv.
For the NBPDCL : Mr. Kunal Tiwary, ASC
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 10-10-2023
Heard Mr. J. A. Arora, learned senior counsel duly
assisted by Mr. Manoj Kumar, learned Advocate for the
petitioners and Mr. Prince Kumar Mishra, learned counsel
representing the Purnia Municipal Corporation. North Bihar
Power Distribution Company Limited is represented by Mr.
Kunal Tiwary, learned counsel. Ms. Indira Kumari, learned
counsel for the State is present.
2. The petitioners claimed to be tenant in the
premises in question which stands sealed by the Municipal
Commissioner, Purnia Municipal Corporation vide order dated
05.11.2022 in Vigilance Case No. 9 of 2022-23. A penalty of
Rupees Ten Lakhs has also been imposed against the landlord of
the premises.
3. It is fairly submitted on behalf of the petitioners
that on being aggrieved by the afore-noted order, other tenants
of the premises have approached before this Court in CWJC No.
17808 of 2022 and the same was disposed of vide order dated
25.04.2023 with liberty to the petitioners to approach before the
Bihar Building Municipal Tribunal by preferring an appeal
Patna High Court CWJC No.1652 of 2023 dt.10-10-2023
under section 323(3) of the Bihar Municipal Act, 2007.
Similarly, the land owner of the premises also approached
before this Court in CWJC No. 769 of 2023 which also stood
disposed of in terms of order dated 25.04.2023, passed in CWJC
No. 17808 of 2022 with the similar liberty.
4. In the aforesaid premise, the petitioners also seek
permission to withdraw the present writ petition with liberty to
approach before the Bihar Municipal Building Tribunal in terms
of the earlier orders passed by this Court, as noted hereinabove.
5. Mr. Mishra, learned counsel for the Purnea
Municipal Corporation has no objection and submits that as per
his instruction, the premises has already been unsealed and the
electric connection has been restored to the tenants, including
the petitioners and, as such, the substantive grievance of the
petitioners stood redressed.
6. Be that as it may, considering the submissions,
the present writ petition stands disposed of with liberty to the
petitioners to approach before the Bihar Municipal Building
Tribunal preferably within a period of four weeks. If the
petitioners prefer such appeal, within the stipulated period, the
interim protection granted by this Court vide order dated
25.04.2023 in CWJC No. 17808 of 2022 shall also be applicable
Patna High Court CWJC No.1652 of 2023 dt.10-10-2023
in the case of the petitioners.
7. It is needless to observe that the petitioners were
bona fidely pursuing their remedy before this Court, the delay in
preferring the appeal shall be considered sympathetically.
8. Accordingly, the writ petition stands disposed of.
(Harish Kumar, J)
Anjani/-
AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 10.10.2023
Transmission Date N.A.
