ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioner moved before this Court for direction on the Respondents to forebear from demolishing the Petitioner 'sbuilding and from interfering with the Petitioner 's possession on the building/structure situated on portion of S.P. No. 214, appertaining to Khata No. 350 within the Jehanabad Municipality.

(2.) ACCORDING to the Petitioner, the Respondent leased out land measuring 14 ' x 30 ' out of the Survey Plot No. 214 of Khata No. 350 situated within the erstwhile Jehanabad Notified Area Committee to the Petitioner on 7th of March, 1967. The details of boundary has been shown at paragraph 4 to the writ petition. Further, according to the Petitioner, the Notified Area Committee approved the map for construction of building and Petitioner constructed the same as per the map. The copy of the map has been enclosed as Annexure -1 to the writ Petition.

(3.) IT appears that earlier similar threat was made on the Petitioner and he had to move before this Court in C.W.J.C. 5022/89. In the said case counter -affidavit was filed on behalf of Jehanabad Municipality and following statements were made. That it is a fact that on 7.3.1967, the Jehanabad Notified Area Committee had leased out the land measuring 40 ' x 30 ' in favour of the Petitioner out of Survey Plot No. 214 under Khata No. 350 for building purposes. x x x That the Municipality has not filed any case for demolition of the building in question.