GAURI SHANKAR PODDAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the Municipal Corporation, Begusarai and learned counsel for the respondent nos. 6 to 8.

(2.) In the present writ petition the petitioner has prayed for quashing the notice issued by the Municipal Commissioner, Begusarai, as contained in letter no. 11 dated 04.01.2014 (Annexure2) , by which the respondent no.6 has been directed to vacate the premises of holding nos. 157 and 158 declaring it as a dangerous building. Another prayer of the petitioner is for quashing the order, as contained in Memo No. 67 dated 08.01.2014 (Annexure-3) , passed by the Municipal Commissioner, Municipal Corporation, Begusarai by which the petitioner being a tenant in holding nos. 157 and 158 has been given three days time to vacate the dangerous building for the purpose of its demolition.

(3.) The contention of the petitioner is that his ancestor, namely, Ram Chandra Poddar owned and possessed the land through settlement from ex-landlord Smt. Shyama Kumari Sahibajee MalikUlaw on payment of salami and came in exclusive possession over the land bearing Tauzi No. 3518 Thana no. 318, khata no. 42 and 49, khesra nos. 860, 861 and 862 and measuring an area of 8 dhurs. After coming in possession over the aforesaid land, his grand father constructed double storied building over the same and since then his family is residing therein. According to the petitioner, the respondent nos.6 to 8 are his tenants and they are occupying the first floor of the said building on payment of Rs. 600/- per month. Subsequently, the petitioner being in need of the entire premises as the family had become large, he requested the respondent nos.6 and 7 to vacate the premises, which was refused and payment of rent has also been stopped whereafter an eviction suit vide Eviction Suit No. 9 of 2013 has been filed in the court of Munsif 1st, Begusarai on the ground of personal necessity.