Patna High Court
Rajendra Sharma vs The Chairman, Municipal Building ... on 25 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17090 of 2023
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Rajendra Sharma S/o Late Ram Charitra Sharam, resident of 1514, Sumitra
Sadan, Swaraj Path, Tilak Nagar (East), Kankarbagh, Sampatchak, Patna-
800020, Bihar.
... ... Petitioner/s
Versus
1. The Chairman, Municipal Building Tribunal Patna.
2. Patna Municipal Corporation through the Municipal Commissioner, Maurya
Lok, Patna.
3. Municipal Commissioner, Patna Municipal Corporation, Maurya Lok, Patna.
4. Smt. Maya Sinha, W/o Late Jhoolan Singh, resident of Swaraja Path, Tilak
Nagar (East), Kankarbagh, Patna-800020, Bihar.
5. Sanjay Kumar Sinha, s/o Late Ramesh Pd. Sinha, resident of Swaraja Path,
Tilak Nagar (East), Kankarbagh, Patna-800020, Bihar.
6. Maheshwar Singh, S/o Late Achhewar Singh, resident of Swaraja Path, Tilak
Nagar (East), Kankarbagh, Patna-800020, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ankit Katriar, Advocate.
For the PMC : Mr.Prasoon Sinha, Advocate.
Mr. Amarnath Kumar, Advocate.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 25-01-2024
Heard Mr. Ankit Katriar, learned counsel appearing on
behalf of the petitioner and Mr. Prasoon Sinha, learned counsel
along with Mr. Amarnath Kumar, learned counsel for the Patna
Municipal Corporation.
2. Mr. Prasoon Sinha, learned counsel appearing on
behalf of the Patna Municipal Corporation informs that a team
has been constituted to look into the encroachment made by the
either party i.e. petitioner and respondent nos. 4 to 6.
3. This Court finds that the Municipal Commissioner,
Patna High Court CWJC No.17090 of 2023 dt.25-01-2024
Patna must exercise his power with strong will to remove such
encroachment to satisfy himself so that he can implement the
Master Plan of 2031 in all area / Mohalla of the City.
4. Considering the fact that the petitioner has already
availed alternative remedy before the Municipal Building
Tribunal in Appeal No. 2(s) of 2019, the writ petition is
disposed of with liberty to the parties to avail appropriate
remedy.
5. Considering the fact that a petition is pending
before the Municipal Building Tribunal, the petitioner may file
petition for day to day hearing of the case and after hearing all
the interested parties, he is required to pass order in all the cases
which relate to the road in question. The parties are at liberty to
inform their cases filed by them which are pending before the
Tribunal.
6. The Municipal Commissioner, Patna must not also
refrain from participating in the proceeding by submitting
information with respect to removal of alleged encroachment on
the basis of report submitted by the Committee as the Tribunal
has been directed to hold day to day hearing.
7. The Committee is directed to submit report within
four days from the date of communication of this order.
Patna High Court CWJC No.17090 of 2023 dt.25-01-2024
8. Considering that the Tribunal has to decide the
dispute between the parties within a period of two weeks on day
to day basis of hearing, respective parties are directed to appear
before the Tribunal on 29.01.2024 at 11 A.M. in person or
through their representative without fail.
9. In case of failure of making attendance by the
interested parties before the Tribunal, the Tribunal may consider
not to take up their cases and decide the matter on the basis of
the report considering the easementary right of the residents of
the locality.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 25.01.2024
Transmission Date N.A.
