SHIV SHANKAR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned AC to AAG 7 for the State and Mr. Prasoon Sinha, learned counsel for the Patna Municipal Corporation (hereinafter referred to as the 'Corporation').

(2.) The petitioner has moved the Court for the following reliefs:

(3.) Learned counsel for the petitioner submitted that he was settled a kiosk in Maurya Lok Complex under the Corporation by allotment letter dated 18.11.1993 and the same was for 11 years. It was submitted that thereafter the petitioner kept representing and paying the charges from time to time and finally by letter dated 18.02.2019, the Corporation directed him to pay arrears of Rs. 3,26,808, which was the dues till March, 2018. It was submitted that he deposited Rs. 1,76,808 on 05.03.2019 and requested for three months time to deposit the remaining amount. He submitted that thereafter by letter dated 08.06.2019, the petitioner was directed to demolish the kiosk allotted to him within one week, failing which it would be so done by the Corporation and the expense incurred shall be recovered from him. Learned counsel submitted that the kiosk was also finally demolished on 16.06.2019. It was submitted that the same is impermissible as a procedure has to be followed in law for dispossessing any person. For such proposition, he relied upon decisions of the Hon'ble Supreme Court in State of U.P. v. Dharmander Prasad Singh reported as AIR 1989 SC 997, the relevant being at paragraph no. 15 and Bishan Das v. State of Punjab reported as AIR 1961 SC 1570, the relevant being at paragraph no. 14.