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Patna High CourtCWJC/3834/2019dismissed

Manoj Kumar v. The State Of Bihar And ORS

2019-07-11Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3834 of 2019 ====================================================== Manoj Kumar, aged about 34 years, Gender - Male, Son of Ramjatan Rai Resident of Mohalla- -Mahamudpur, Bakhtiyarpur, P.S.Bakhtiyarpur, DistrictPatna. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Nagar Vikas and Housing Department, Govt. of Bihar, Patna 2.

The District Magistrate, Patna 3.

The Sub-Divisional Officer, Barh, District- Patna 4.

The Circle Officer, Bakhtiyarpur, Patna 5.

The Nagar Executive Officer, Nagar Parishad, Bakhtiyarpur, District- Patna 6.

The State House Officer, Bakhtiyarpur, P.S. and District- Patna 7.

Shri Krishna Murari Singh Son of late Shivjanam Singh Resident of Mohalla- Mahudpur, Bakhtiyarpur, P.S. Bakhtiyarpur, District- Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Kumar For the Respondent/s :

Mr.Abbas Haider (SC-6) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-07-2019 The petitioner seems to be aggrieved by the grant/sanction of map of the residential house of respondent no. 7 by the Executive Officer, Nagar Parishad, Bakhtiyarpur. It is the contention of the petitioner that the respondent no. 5 has sanctioned the said map without any proper verification of the spot and is against the law. In course of hearing, learned counsel for the petitioner has produced a copy of letter no. 1243 dated 24.09.2018 written by the Circle Officer, Bakhtiyarpur to the Nagar Executive Officer, Nagar Parishad, Bakhtiyarpur in which he has requested the Nagar Executive officer to allow the construction work to go on only after revision of the map.

Learned counsel for the State submits that the

Patna High Court CWJC No.3834 of 2019(2) dt.11-07-2019 2/2 petitoner has no locus standi to move this court in it's writ jurisdiction particularly when it appears that the Circle Officer has written letter to the Nagar Executive Officer, Nagar Parishad, Bakhtiyarpur in this regard and the matter is still under consideration.

In the given facts and circumstances of this case, this court finds from the records that the grievance of the petitioner is against the sanction map issued in favour of respondent no. 7. The Circle Officer has written letter to the Nagar Executive Officer, Nagar Parishad, Bakhtiyarpur in response to the office Memo no. 1350 dated 27.08.2018 issued by the Nagar Executive Officer. It clearly shows that the matter is still under consideration. There is no reason for this court to give any opinion at this stage or adjudicate an issue at the instance of the petitioner.

The writ application has, thus, no merit. It is dismissed.

(Rajeev Ranjan Prasad, J) Rajeev/- U