Binay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21493 of 2018 ====================================================== Binay Kumar Singh s/o Late Krishana Prasad Singh, R/o Mohalla- Jaipur Dhanki, P.S Agamkuan Town, and District -Patna. ... ... Petitioner

Versus

1. The State of Bihar through the Principal Urban Development and Housing Department, Govt. of Bihar, Patna Secretariat, Patna.

2. The Commissioner Patna Municipal Corporation Patna.

3. The Chief Executive Officer, Patna Municipal Corporation, Budh Marg, Near G.P.O, P.S- Kotwali Town and District - Patna.

4. The Executive Engineer, Patna Municipal Corporation, Kankarbag, Near Gayatri Mandir, Kankarbagh, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.D.K. Sinha, Sr. Advocate Mr.Kumar Malendu, Advocate For the Respondent/s :

Mr.Arun Kumar AC to GP-1 For the PMC :

Mr.Prasoon Sinha, Advocate for PMC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-02-2019 The grievance of the writ petitioner in the present case is that the municipal authorities are allowing the construction of road in front of the house of the petitioner by violating the judgment of the Hon'ble Division Bench of this Court in the case of Deepak Mukherjee Versus The State of Bihar reported in 2010 (3) PLJR 998.

Mr. Prasoon Sinha, learned counsel representing Patna Municipal Corporation submits that if any road is being constructed by Patna Municipal Corporation in violation of the judgment of this Court, he will advise the authorities of the Municipal Corporation to look into the grievance of the

Patna High Court CWJC No.21493 of 2018(2) dt.22-02-2019 2/2 petitioner and took a decision in consonance with the judgment of this Court.

In the aforesaid view of the matter the writ application is being disposed off with a direction to respondent nos. 2 to 4 to look into the grievance of the petitioner and at the same time go through the judgment of Hon'ble Division Bench of this Court in case of Deepak Mukherjee (supra) and act accordingly.

Respondents shall ensure that no construction of road take place in violation of the said judgment. It should not be meant to understand that the construction of work itself shall be stopped permanently. The construction work shall be carried on in accordance with the judgment of this Court. (Rajeev Ranjan Prasad, J) avin/-vedU