Hari Kishore Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16418 of 2017 ====================================================== Hari Kishore Prasad Sinha Son of Late Mishri Prasad Singh Resident of M.I.G.H., 60, Lohia Nagar, Police Station - Kankarbagh, District - Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Chief Municipal Commissioner, Patna Municipal Corporation Maurya Lok Complex, Patna.

3.

The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok Complex, Patna.

4.

Sri Bhagirath Singh Son of Late Ram Bilash Singh Resident of M.I.G. H. Q/360, Vidya Bhawan, Lohia Nagar, Post Office - Kankarbagh, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Anuj For the Respondent/s :

Mr. S.P.Singh -Ga3 For the Respondent No. 2 & 3 :

Mr. Prabhakar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned counsel for the State, Mr. Shiv Kumar along with the learned counsel for the Patna Municipal Corporation, Mr. Prabhakar Singh.

Learned counsel submits that the present writ application has been filed seeking a direction upon the Appellate Tribunal of the Corporation to pass final order in Appeal No. 12 of 2015 without any undue delay as the matter is of the year 1996 and Appeal No. 12 of 2015 was preferred by the respondent No. 4 (Shri Bhagirath Singh) herein, who had

Patna High Court CWJC No.16418 of 2017(3) dt.04-05-2023 2/3 challenged the order dated 22.12.2014 in Vigilance Case No. 1173 of 1996/028 of 2002 which was filed by the petitioner before the Municipal Commissioner, Patna Municipal Corporation. It is next submitted that the said case was decided in favour of the petitioner.

Learned counsel next submits that despite the petitioner having an order passed by the Municipal Commissioner in his favour still the fruits of the order is elusive for the reason that the appeal before the Tribunal is pending and stay has been granted.

Learned counsel appearing for the Patna Municipal Corporation submits that, earlier, the Appellate Tribunal was not functional and as such the cases remained pending but now the Municipal Tribunal has become functional as such the writ application can be disposed of with a direction to the Appellate Tribunal to decide the appeal within a time frame, to which the learned counsel for the petitioner also agrees. Considering the submissions made by the learned counsel for the parties, the writ application is disposed of with a direction that Appeal No. 12 of 2015 be decided expeditiously, preferably within a period of three months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.16418 of 2017(3) dt.04-05-2023 3/3 The period of three months has been given only for the reason that the petitioner is a senior citizen aged about 86 years and is contesting the case since 1996 and as such the petitioner is entitled to know the result of his case before he meets his creator.

(Satyavrat Verma, J) HarshPandey/- U