Kumari Neera v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2365 of 2016 Arising out of Civil Writ Jurisdiction Case No.22366 of 2013 ====================================================== Kumari Neera Daughter of Late Krishna Kumar Singh, Wife of Natho Singh, Resident Of Mohalla - Marshal Bhawan, New Yarpur, Gardanibagh, Road No.1, P.S. Gardanibagh, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Anjani Kumar Singh, the Chief Secretary Government of Bihar, Patna.

2.

Sanjay Kumar Agrawal, the District Magistrate, Patna. 3.

Abhishek Singh, the Commissioner, Patna Municipal Corporation, Mauryalock, Patna.

4.

Sri Ashok Kumar Srivastava, Son Of Late Babu Nakchedi Lal, Resident of Jhunjhun Mahal, Yarpur, P.S. Gardanibagh, District - Patna. 5.

Sri Dhirendra Kumar Srivastava, Son of Late Babu Nak Chedilal, Resident of Jhunjhun Mahal Yadav, Yarpur, P.S. Gardanibagh, District - Patna. 6.

Sri Birendra Kumar Srivastava, Son Of Late Babu Nakchedi Lal, Resident of Jhunjhun Mahal, Yarpur, P.S. Gardanibagh, District - Patna. 7.

Sri Santosh Kumar Sinha, Director, Asterisk Home Pvt. Ltd. Chaturbhuj Complex, Boring Canal Road, Dist Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the State :

Mr. Ravindra Kumar, AC to AAG-6 For the P.M.C.

:

Mr. Lalit Kishore, AG with Mr. Sanjay Prakash Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-07-2019 Nobody appears on behalf of the petitioner.

2. Heard learned AC to AAG 6 for the State and Mr. Lalit Kishore, learned Advocate General along with Mr. Sanjay Prakash Verma, learned counsel for the Patna Municipal Corporation (hereinafter referred to as the 'Corporation').

Patna High Court MJC No.2365 of 2016 dt.16-07-2019 2/3

3. In terms of the earlier orders, the Municipal Commissioner of the Corporation is also present and has filed 3rd supplementary show cause.

4. The petitioner has filed the present application alleging non-compliance of the order dated 24.09.2015 passed in CWJC No. 22366 of 2013.

5. The operative portion of the order reads thus: "However, in view of limited prayer made at the time of hearing that the petitioner has approached the Municipal Commissioner, Patna Municipal Corporation by filing a representation in the year 2013, but no decision has been taken as yet, the Municipal Commissioner is directed to dispose of the representation of the petitioner in accordance with law after granting reasonable opportunity to all the concerned persons within a period of three months from the date of receipt /production of a copy of this order, if the same has already not been disposed of."

6. In the show cause filed today, copy of the order dated 09.07.2019 has been brought on record. Perusal of the same indicates that in terms of the order of the Writ Court, the representation of the petitioner has been disposed off by a reasoned order.

7. Having regard to the aforesaid, the Court finds that though there may have been some delay but it does not appear to be wilful and deliberate.

Patna High Court MJC No.2365 of 2016 dt.16-07-2019 3/3

8. Accordingly, the application stands disposed off.

9. It goes without saying that any person aggrieved by the order dated 12.07.2019 shall be at liberty to assail the same before the appropriate forum, in accordance with law.

10. Personal appearance of the officer stands dispensed with.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T