Giridhari Lal Agrawal v. The Patna Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19588 of 2015 ====================================================== Giridhari Lal Agrawal S/o Late Shri Krishna Das Agrawal, resident of Rambagh, P.S.- Chowk, P.O. Patna City, District- Patna. ... ... Petitioner/s

Versus

1.

The Patna Municipal Corporation through its Commissioner, Maurya Lok, P.S.-Kotwali, District-Patna.

2.

Commissioner, Patna Municipal Corporation, Maurya Lok, Patna. 3.

The Chief Executive Officer, Patna Municipal Corporation, Patna. 4.

The Executive Officer, Patna Municipal Corporation, Patna City, Patna. 5.

Shyam Sundar Saroj 6.

Santosh Saroj 7.

Pawan Kumar Saroj Nos. 5 to 7, all sons of Late Gobardan Saroj resident Shakambari Complex at Chowk area, Patna City, P.S. Chowk, P.O.- Patna City, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr.Hargovind Singh Himkar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-03-2023 The present writ petition has been filed seeking the following relief:- "1. That this writ is for the issuance of a writ of mandamus and/or any other writ/order or direction to the Respondent-Authorities (Respondent lst.set) directing them to take action, in accordance with law, for stopping the Construction of as well as for demolishing the illegal under construction five storied building on part

Patna High Court CWJC No.19588 of 2015(2) dt.23-03-2023 2/2 of Plot no.319, under sheet No.242, Ward No.26(old),66 (New) situate in Raja Ram Lane ( a Public lane) as well as on encroached portion of Plot No. 346 in Rambagh Lane (another public lane) in sheet No.242, ward No.26(old), 66(new).

Mohalla-Chowk, P.S.Chowk,Town, Patna City,District-Patna, being constructed by Respondent 2nd set without any sanctioned building plan as required Under section 313 and 314 of the Bihar Municipal Act, 2007 (here-in- after referred to as the Municipal Act") and also to impose a fine upon Respondent 2nd Set for that illegal construction as provided under first proviso to section 315 of the Municipal Act."

Considering the nature of the prayer made in the present writ petition, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to avail such other alternative remedies, as are otherwise available under the law. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/Saurav U