Soumitra Bose v. The State of Bihar

13. Sri Radhey Prasad S/O Late Jago Singh R/O Vill.- Ghoswari Mokama, P.O.- Dhanakdob, P.S.- Mokama, Distt.- Patna

14. Smt. Vandana Devi W/O Sanjay Kumar R/O Aihad Chowk, Raghra, P.S.- Sahpur Patori, Distt.- Samastipur

15. Nibha Devi W/O Pradeep Kumar R/O Langer Toli Gali, P.O.- Bankipur, P.S.- Kadam Kuan, Patna- 800004

16. Bibha Devi W/O Sandeep Kumar R/O Langer Toli Gali, P.O.- Bankipur, P.S.- Kadam Kuan, Patna- 800004

17. Chanda Devi W/O Pawan Kumar Gupta R/O Rama Krishna Avenue (Nala Road), P.S. Kadam Kuan, P.O.- Bankipur, Patna-4

18. Amrawati Devi W/O Rabindra Prasad Arya R/O Hajam Toli, Bakerganj- Daldali Road, P.O.- Bankipur, P.S.- Gandhi Maidan, Patna- 800004

19. Shambhu Kumar S/O Surendra Prasad R/O Salimpur Ahra, P.S.- Gandhi Maidan, P.O.- Kadamkuan, Patna- 800003

20. Rita Devi W/O Shambhu Kumar R/O Salimpur Ahra, P.S.- Gandhi Maidan, P.O.- Kadamkuan, Patna- 800003

21. Surendra Prasad S/O Late Laxmi Narayan Arya R/O Salimpur Ahra, P.S.- Gandhi Maidan, P.O.- Kadamkuan, Patna- 800003

22. Deepak Kumar S/O Vijay Kumar Sahu R/O Sohdih, P.O. & P.S.- Sohsarai, Distt.- Nalanda

23. Dhananjay Kumar S/O Vijay Kumar Sahu R/O Sohdih, P.O. & P.S.- 2 Patna High Court CWJC No.17005 of 2009 (6) dt.13-07-2012 Sohsarai, Distt.- Nalanda

24. Ajay Prakash Gupta S/O Late Anandi Prasad R/O Argora Road, Lallu Pokhar, P.S.- Kasim Bazar, P.O.- Munger, Distt.- Munger .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Kalyan Kumar Ghose Mr. Shantanu Bhattacharjee For the Respondent/s : Mr. (Ga4) Mr. Bishwa Bibhuti Kr.Singh Mr. Dr. Poonam Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 6 13-07-2012 Heard learned counsel for the Petitioner, Mr. Gautam Bose, learned AAG-8, for the State, Mr. Bishwa Bibhuti Kr. Singh as well as Mr. L.M. Das, learned counsel appearing for the private respondents.

2. The dispute in the instant case pertains to plot no.11, Block –F, having an area of 11 kathas, 4 dhurs in Kadam Kuan area in the township of Patna under Khas Mahal holdings. Such land cannot be transferred save and except with the permission of the collector of the district under the Khas Mahal Manual.

3. The petitioner submits that the Collector, Patna obtained permission from the Government for transfer of the land to a purchaser / lessor vide letter dated 04.10.2006 of the Government. A copy of such letter is annexed as Annexure-16 to 3 Patna High Court CWJC No.17005 of 2009 (6) dt.13-07-2012 the writ application. It is the case of the petitioner that though the Collector obtained permission for transfer of the land to one individual, the same has been transferred to 24 different persons by separate registered sale deeds virtually commercializing the said plot. The petitioner submits that construction has been started even without sanction of map from the Corporation. Furthermore, under the Khas Mahal Manual commercialization of a residential plot is not permissible. He submits that the record of Misc. case no. 18 of 2006 of Land Reforms Department would show that the permission for transfer of land was accorded in the name of only one individual.

4. This Court vide order dated 13.12.2010, in view of such submission of the petitioner, made the following orders, which is quoted herein below: “Pending disposal of this application, further construction of any nature whatsoever whether fresh or in continuation of that already done permanent or temporary shall remain stayed. The Officer Incharge, Kadamkuan Police Station is directed upon the receipt of the present order before him to forthwith proceed to the site immediately and make an inventory of 4 Patna High Court CWJC No.17005 of 2009 (6) dt.13-07-2012 construction materials lying on the site as also the stage of construction. He shall also have videography done of the construction and materials lying on the site and hand over one copy of the videography on C.D. to the petitioner. It shall be the responsibility of the officer incharge to ensure that no further construction takes place by ensuring regular inspection of question. The officer incharge shall then file an affidavit in compliance before this Court within one week along with a copy of the videographed CD and shall continue to do so every fortnight till disposal of the writ application. The Sr. Superintendent of Police is required to ensure compliance by the officer-in-charge, Kadamkuan Police Station. The District Magistrate, Patna as the trustee landlord is held responsible to ensure that no further construction is permitted on the plot in question till the disposal of the writ application, and for which the District Magistrate, Patna is directed to depute a person from his own office 5 Patna High Court CWJC No.17005 of 2009 (6) dt.13-07-2012 also. If construction continues notwithstanding present order, the petitioner shall be at liberty to bring it to the attention of the Court by an appropriate affidavit”.

5. After receipt of notice, this case was adjourned from time to time to accommodate filing of affidavits by respective parties. However despite sufficient opportunities no counter affidavit has been filed by the Patna Municipal Corporation.

6. Mr. Gautam Bose, learned senior counsel appearing for the State submits that as per order of this Court, no further construction has taken place on the plot and regular Videography as directed by this Court has been done from time to time with a copy supplied to the petitioner’s counsel. Mr. Bose, refers to paragraph 22 of the counter affidavit of District Magistrate, Patna and state that on complaint of the petitioner Khas Mahal Case no.1 of 2009-2010 is also pending before him. He submits that the parties can appear before the District Magistrate the proceeding and can produce necessary documents in support of their case.

7. On consideration of rival submissions, the issue 6 Patna High Court CWJC No.17005 of 2009 (6) dt.13-07-2012 which emerges for consideration is (i) Whether vide permission dated 04.10.2006, contained in Annexure-16 of the supplementary affidavit filed by the petitioner, the permission for transfer of land was restricted to only one individual? and (ii) Whether the private respondents were justified in making constructions without the sanction of the map from the competent authority, namely, Patna Municipal Corporation (iii) whether transfer of 11 Kathas and 4 dhurs of to 24 other individuals would amount commercialization of the plot not permissible under Khas Mahal Manual.

8. Already a complaint in this regard is lodged culminating into Khas Mahal case no. 01 of 2009-10. The said case is pending before the Collector, Patna.

9. The Collector in seisin of the proceeding would be obliged to address all these three issues referred to above point by point. The respondent Patna Municipal Corporation is directed to take up the issue of sanction of map within a period of four months from today and would communicate the same to Collector, Patna in seisin of Khas Mahal case no. 01 of 2009-2010.

10. No constructions as directed earlier would take place till the adjudication of matter by the learned Collector in seisin of Khas Mahal case no. 01 of 2009-2010. It is expected that 7 Patna High Court CWJC No.17005 of 2009 (6) dt.13-07-2012 Collector, Patna would dispose of the case within a reasonable period.

11. Counsel for the private respondents submits that only construction of Boring may be permitted on the floor of the ground, which would be subject to the result of the case and entirely at their risk and cost. Learned counsel for private respondents assures that in case they lose the case, they would not make any claim in respect of it.

12. Permission is accorded for construction of Boring on the said conditions. No other construction would be permitted.

13. In continuance of the order, till the decision of the Collector, Patna, the Videography of the plot will be done at least once every six weeks. Some of the purchasers, who have not applied, should apply for sanction of map which too be decided within a period a reasonable time.

14. This application stands disposed of.

15. Let a copy of this order be handed over to Mr. AAG-8 as well as Mr. Bishwa Bibhuti Kr. Singh, counsel appearing for the Patna Municipal Corporation Uday/- (Samarendra Pratap Singh, J)