Ganesh Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4046 of 2015 ====================================================== Ganesh Prasad Yadav S/o Late Mahapat Prasad Yadav Retd I.P.S., Resident of Plot No.-137, Ashis Housing Cooperative Society, Bhagwat Nagar, Kumhrar, P.S.- Agamkua, Distt- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors represented through the Chief Secretary, Govt. of Bihar, Patna 2.

The Principal Secretary, Department of Urban and Housing Development, Government of Bihar, Patna 3.

The District Magistrate, Patna 4.

The Officer-in-Charge, Agamkuan, Police Station, Patna 5.

The Commissioner, Patna Municipal Corporation, Patna 6.

Sir Bidya Bhushan Awasthi S/o Sri Jamuna Prasad Awasthi Secretary, Ashish Housing Cooperative Society, Patna Resident of Mohalla- Belwaganj, P.O.- Gulzarbagh, P.S.- Alamganj, Patnacity, Dist- Patna 7.

Sri Sushil Prasad S/o not known Resident of Plot No.134, Ashish Housing Cooperative Society, Bhagwat Nagar, Kumhrar, P.S.- Agamkuan, Dist- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivekanand Prasad Singh For the Respondent/s :

Mr. Nadeem Seraj ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2022 No one appears for the petitioner.

2. Learned counsel for the Respondents-Patna Municipal Corporation as well as that of State are present.

3. The present writ application has been filed for a direction to the respondents to take necessary action in accordance with the building by-laws inasmuch in the residential areas, the construction for commercial purposes has been made by the Respondent No. 6 & 7 without any sanctioned

Patna High Court CWJC No.4046 of 2015(2) dt.06-12-2022 2/2 map which is in violation of the Municipal by-laws and other laws of the Co-operative Societies.

4. Mr. Sanjay Prakash Verma, learned counsel for the Municipal Corporation appears and files a counter affidavit stating therein that an enquiry has been conducted regarding unauthorized construction made by some of the persons in the locality and on the basis of such enquiry, a Vigilance Case No. 59B of 2019 has been initiated against one Pramod Sinha in connection with Plot No. A/135.

5. In view of the stand in the counter affidavit taken by the Municipal Corporation, the writ application is disposed of with a direction to the Municipal Commissioner to dispose the vigilance case instituted in the matter as early as possible, preferably within a period of six months from the date of receipt/production of a copy of this order.

(Anil Kumar Sinha, J) perwez/Ashwani U