Yodhan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3553 of 2020 ====================================================== Yodhan Chaudhary Son of Late Beyadar Chaudhary, Resident of VillageDhelwan, P.S.- Ram Krishna Nagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna. 2.

The Divisional Commissioner, Patna Division, Patna. 3.

The Sub Divisional Officer, Patna Sadar, Patna. 4.

The Municipal Commissioner, Patna Municipal Corporation, Patna. 5.

The Executive Officer, Kankarbagh Circle, Patna Municipal Corporation, Patna.

6.

The Officer Incharge, Ram Krishna Nagar Police Station, Patna. 7.

Smt. Nunu Devi Wife of Sri Shashibhushan Kumar Resident of VillageNew Bigrahpur, P.O. G.P.O., Patna, P.S. Jakkanpur, District- Patna- 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, adv.

For the Respondent/s :

Mr. Shailesh Kumar, AC to G.P. 5 For P.M.C.

:

Mr. S.P. Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2022 The present writ petition has been filed seeking the following relief:- "(A) Issuance of a writ in the nature of mandamus mandamus commanding the respondent No. 4 Municipal Commissioner, P.M.C., Patna for necessary action regarding redressal of grievance of the petitioner as forwarded to him vide order dated 26.12.2018 in case No.

5282101024091802147 by the Divisional Public Grievance Redressal Officer, Patna, Sadar, Patna. (B) The respondents further be directed to take

Patna High Court CWJC No.3553 of 2020(2) dt.26-09-2022 2/3 appropriate and proper action to remove encroachment illegal construction of 10' feet common way which was provided by the original landlord and others have left and commonly used by respondent no. 7 also, as such if not removed, restrain the Respondent no. 7 to use the common way in question by way of raising wall on 10 feet common way.

(C) The Respondents be directed to look into the matter where the Private respondent no. 7 illegally constructed and running Hotel without parking and facilities and permission by the different department concerned and to restrain the private Respondent no. 7 not to harass the petitioner and his family"

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Municipal Commissioner, Patna Municipal Corporation, Patna by filing appropriate representation.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioner to approach the Municipal Commissioner, Patna Municipal Corporation, Patna i.e. the Respondent No.4 and in case appropriate representation is filed within a period of four weeks from today, the same shall be

Patna High Court CWJC No.3553 of 2020(2) dt.26-09-2022 3/3 disposed off, in accordance with law by the Respondent No. 4, within a period of twelve weeks, thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U