Chief Commissioner Of Income-Tax (Cadre Controlling Authority), Patna v. The Chief Secretary, State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.13060 of 2011 ====================================================== 1. Chief Commissioner Of Income-Tax (Cadre Controlling Authority), Patna R/O 6, Bailey Road, Patna. .... .... Petitioner/s Versus 1. The Chief Secretary, State Of Bihar. 2. The Secretary, Building Construction Department ,Government Of Bihar. 3. The Estate Officer, Building Construction Department ,Government Of Bihar. .... .... Respondent/s ====================================================== Appearance :For the Petitioner/s : Mr. Shiv Kumar For the Respondent/s : Mr. J.S. Arora Sc6 ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHANORAL ORDER 2 26-03-2012 No body appears for the petitioner. The State counsel is present. The petitioner has challenged the orders, dated 19.7.2011 and 26.5.2011 by which he has been asked to vacate Bungalow No.6 at Bailey Road allotted to him by the State Government as he is holding the post of Chief Commissioner of Income Tax. The said notice has been issued as the State Government intends to build a museum of international standard in the area where the said bungalow is located. The petitioner has been allotted 26, Hardinge Road as an alternative accommodation. The counter affidavit filed in this case indicates that the Government is ready to provide whatever infrastructure is required for repair, improvement etc. of bungalow at 26, Hardinge Road. As mentioned in the impugned order the State intends to utilize the land of 6, Bailey Road and other bungalows situated in the vicinity for building a museum. In view of the statements made by respondent no.3, it would be proper that the State Government should first repair, make improvement as required by the petitioner in 26, Hardinge Road before he is asked to vacate. The said repair, improvement, modification etc. should be completed within six months from the date on which the petitioner makes an application. It is directed that the petitioner should make an application within one month failing which he will loose the opportunity to get any improvement done as per his request, rather, formal repair works etc. would be done by the State Government and he would in any case would have to vacate the bungalow at 6, Bailey Road within six months. This writ petition is disposed of with the aforesaid observation and direction. (Sheema Ali Khan, J)