Patna High Court
The Municipal Corporation, Chapra, ... vs The State Of Bihar on 30 January, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.562 of 2024
In
Civil Writ Jurisdiction Case No.15963 of 2023
======================================================
The Municipal Corporation, Chapra, Saran through its Municipal
Commissioner, namely Sumit Kumar, aged about 31 years, Male, Son of Sri
Sushil Kumar, Residet of C/o Late Sagar Lal, Sikandra Bazar, Near Sikandra
Thana , P.S.- Sikandra, District - Jamui.
... ... Appellant/s
Versus
1. The State of Bihar through Principal Chief Secretary, Urban Development
and Housing Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Urban Development and Housing
Department, Government of Bihar, Patna.
3. The Additional Chief Secretary, Revenue and Land Reforms Department,
Government of Bihar, Patna.
4. The Additional Chief Secretary, Registration, Excise and Prohibition
Department, Government of Bihar, Patna.
5. The Assistant Inspector General, Registration, Excise and Prohibition
Department, Govt. of Bihar, Patna.
6. The Collector, Saran at Chapra.
7. The Additional Collector, Saran at Chapra.
8. The Junior Engineer, Municipal Corporation, Saran, Chapra.
9. Shyam Chandra Sharma, Son of Late Ramnaresh Sharma, Resident of
Mohalla - Dakbunglow Road, Dahiyanwa, P.S.- Chapra Nagar, Chapra,
District - Saran. 80113, Bihar.
... ... Respondent/s
======================================================
Appearance :
Patna High Court L.P.A No.562 of 2024 dt.30-01-2025
2/5
For the Appellant/s : Mr. Indu Bhushan, Advocate
For the State : Mr. P.K. Shahi, AG
Mr. Yogendra Pd. Sinha, AAG-7
For the Resident No. 9 : Mr. Mrigank Mauli, Sr. Advocate
Mr. Pratik Kumar Sinha, Advocate
Mr. Sanket, Advocate
Mr. Navin Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 30-01-2025
We have heard Mr. Indu Bhushan, the
learned Advocate for the appellant and Mr. Mrigank
Mauli, the learned Senior Advocate for the respondent
No. 9. We have also heard Mr. P.K. Shahi, the learned
Advocate General for the State.
2. The challenge in this appeal is to the
judgment dated 01.04.2024 passed in C.W.J.C No.
15963 of 2023.
3. The respondent No. 9 had approached this
Court for a direction to the Chapra Municipal
Commissioner to sanction the Building Plan/Map for
Patna High Court L.P.A No.562 of 2024 dt.30-01-2025
construction of a residential-cum-commercial building
on his plot of land, the details of which were provided in
the writ petition as in the absence of sanctioned map,
the respondent No. 9 was not able to construct his
building and, thus, was deprived of his inalienable and
inviolable rights guaranteed to him under the
Constitution like any other citizen.
4. From the discussions made in the
judgment impugned, a very disquieting feature has
emerged that the entire city of Chapra is situated on
topo land, meaning thereby that no survey has been
done on such land. Though the State Government has
notified the township of Chapra under the Chapra
Municipal Area about a hundred years ago and since
then, citizens are paying municipal rent to the
Corporation after creation of the municipal holdings in
their respective names, the demand of the Corporation
from the appellant for land possession certificate and
other documents pertaining to the said land is a
Patna High Court L.P.A No.562 of 2024 dt.30-01-2025
condition which is impossible to fulfill.
5. Considering this aspect of the matter, the
learned Single Judge, justifiably, took the view that for
the fault of the State in not surveying the land up till
now, the rights of respondent No. 9, or for that by
anybody else, could not be put on hold for an indefinite
period.
6. Under the aforesaid circumstances, the
order passed by the Chapra Municipal Commissioner,
refusing to sanction the Building Plan/Map for
construction of the proposed building, was set aside.
While doing so, the learned Single Judge had also taken
note of the fact that it would be sufficient if such
documents are demanded from the respondent/writ
petitioner, which would demonstrate that the land
belongs to him over which construction could be carried
out in accordance with the building rules and by-laws.
7. The afore-noted fact, viz., the entire city
of Chapra being topo land was confirmed by the learned
Patna High Court L.P.A No.562 of 2024 dt.30-01-2025
Advocate General during the proceedings of the writ
petition. The process to rectify the same is afoot.
8. Considering these aspects of the matter,
we do not find any reason to interfere with the order
passed by learned Single Judge.
9. The appeal is without merits and is,
therefore, dismissed.
10. Interlocutory application/s, if any, also
stands disposed off.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Manoj/Praveen-II
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 31.01.2025
Transmission Date NA
