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1999 Supreme(Pat) 75

M.Y.EQBAL
Parmottam Prasad Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In this writ application the petitioner seeks issuance of an appropriate writ, order or direction declaring that the respondents act of damaging/demolishing his eastern boundary wall from the north and damaging north-eastern pillar of one of his gates on 21-10-98 was illegal act exhibiting gross highhandedness for which the petitioner is entitled to an exemplary compensation. The petitioner also prayed for grant of payment of cost for the repair and reconstruction of damaged structure which was illegally demolished by the respondents.

2. The petitioner case is that he is the owner of plot No. 46-B situated in Shrikrishna Puri in the town of Patna which was allotted to him by the Patna Improvement Trust in the year 1966 by virtue of a registered lease cum deed agreement dated 23-8-1969. As per boundary given in the deed there are four plots on the three sides and 80 wide roads towards north as well as east as this plot as well as its adjacent plots are located on a more middle of north-east. The petitioner house and plot has boundary walls on all the four sides in accordance with the deed/lease agreement. He constructed a house as per a duly sanctioned plan on the said pl



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