IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.344 of 2010
TAPAN KUMAR BANERJEE @ TAPAN BANERJEE
Versus
THE STATE OF BIHAR & ORS.
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03. 20.06.2011 Heard Mr. Bashishtha Narayan Mishra, learned
counsel appearing on behalf of the petitioner and Mr. Sandeep
Singh, learned assisting counsel for G.P. 9 for the State.
The only issue which falls for consideration in the
present application is whether the area of four and half decimals
settled with the petitioner by the respondent no. 4 formed a part
of an existing structure or was a vacant piece of land.
It is the contention of Mr. Mishra, learned counsel
appearing for the petitioner that the land in question was a
vacant piece of land settled under a valid agreement executed by
the Bettiah Estate, respondent no. 4 dated 20.10.1993 and on
which he had constructed a residential structure. He thus
submits that settlement of a vacant piece of land sans the
building cannot be a subject matter of a proceeding under the
Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982. In
support of his contention, Mr. Mishra relies upon a judgment of
the Division Bench reported in 1993(1) P.L.J.R. 524.
The contention of the petitioner is opposed by
learned counsel appearing on behalf of the State who prays for a
short adjournment to respond to the contentions of the petitioner.
As even the respondent no. 4 though served has
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not yet appeared, this Court adjourns the matter to be listed on
27.06.2011 retaining its position to enable learned counsel for
the State to file counter affidavit as also for appearance of the
respondent no. 4.
S.Sb/- (Jyoti Saran, J.)