IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15169 of 2009 LAKHAN LAL VERMA S/O LATE ROHAN PRASAD @ ROHAN MAHTO @ SOHAN PRASAD R/O MOHALLA- MURARPUR, P.S.- LAHERI, ANCHAL- BIHARSHARIF, DISTT.- NALANDA (BIHAR). …. … PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, URBAN & RURAL DEVELOPMENT DEPTT. GOVT. OF BIHAR, SECRETARIAT, PATNA- 800001. 3. THE JOINT SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPTT. GOVT. OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, NALANDA AT BIHARSHARIF. 5. THE MAYOR, BIHARSHARIF MUNICIPAL CORPORATION BIHARSHARIF (NALANDA). 6. THE URBAN COMMISSIONER, BIHARSHARIF MUNICIPAL CORPORATION BIHARSHARIF (NALANDA). 7. THE DEPUTY DEVELOPMENT COMMISSIONER, NALANDA AT BIHARSHARIF. ... … RESPONDENTS. ----------- For the petitioner : Mr. Sanjay Kumar, Advocate. For the respondents : Mr. Sanjay Kumar Pandey, A.C. to G.P.15. For the Corporation : Mr.Gyan Prakash Ojha, Advocate. ---------- 04/ 02.08.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for the Biharsharif Municipal Corporation and its authorities. 2. This writ petition has been filed by the petitioner for directing the respondents not to construct any proposed green park over the land of the petitioner as per the news item published in the daily newspaper ‘Hindustan’ dated 11.06.2009 (Annexure-7) and also for directing the respondents, especially respondent no.6, the Urban Commissioner, Biharsharif Municipal Corporation, Nalanda to 2 consider and pass a reasoned order on the legal notice dated 30.06.2009 and 06.07.2009 (Annexure-10) served by the petitioner through registered post in the light of memo no.3348 dated 12.08.2009 issued under the signature of the Joint Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna (respondent no.3) directing respondent no.6 to act in accordance with the rules on the basis of the facts stated in the legal notice sent by the petitioner before making any construction over the petitioner’s land. 3. Learned counsel for the petitioner has shown by various documents that the land in question is his private land and there has never been any acquisition and hence there was no occasion for the authorities concerned to construct any government park over the same. It further transpires that in spite of notice sent by the petitioner and direction issued by the Joint Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna (respondent no.3), the Urban Commissioner, Biharsharif Municipal Corporation, Nalanda (respondent no.6) is bent upon constructing the proposed green park over the land. 4. On the other hand, learned counsel for the Biharsharif Municipal Corporation, Nalanda submits that it is never decided that the land in question is not a government land. In Title Suit No.74 of 1965 (58/1966), the State of Bihar and its authorities or the Biharsharif Municipal Corporation were not parties. To this submission, learned counsel for the petitioner submits that there are other materials to show that it is the private land of the petitioner in which the State of Bihar 3 was the party. 5. In the said circumstances, without going into the merit of the case, this court directs respondent no.6, namely the Urban Commissioner, Biharsharif Municipal Corporation, Nalanda to look into the matter and call for the relevant records from the authorities concerned and after hearing the petitioner, State authorities and other concerned parties, decide the matter vide petitioner’s legal notice dated 30.06.2009 and 06.07.2009 (Annexure-10) keeping in view memo no.3348 dated 12.08.2009 (Annexure-11) issued by the Joint Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna. 6. If the petitioner approaches the Urban Commissioner, Biharsharif Municipal Corporation, Nalanda (respondent no.6) within fifteen days from today along with a copy of this order as well as copies of his earlier notices sent to respondent no.6 dated 30.06.2009 and 06.07.2009 (Annexure-10), the said respondent no.6 shall make inquiries, call for the relevant records, hear the petitioner, State authorities and concerned persons and decide the said matter within four months from the date of filing a copy of this order before respondent no.6. Till the disposal of the said matter by respondent no.6, no construction shall be made on the land in question. 7. With the aforesaid directions/observation, this writ petition is disposed of. Sunil/ ( S. N. Hussain, J.)