Vaibhava Advertising Private Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3590 of 2023 ====================================================== Vaibhava Advertising Private Limited through its Authorized Signatory Anand Kumar (male, aged about 38 years), S/o Jai Nandan Prasad, r/o Near Shiv Ji Mandir, P.S. Govindpur, Gandhi Mela, Path Tundi Road, Govindpur, Dhanbad, Jharkhand-828109.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Urban Development and Housing Department, Government of Bihar through its Principal Secretary.

3.

The Patna Municipal Corporation through the Municipal Commissioner. 4.

The Municipal Commissioner, Patna Municipal Corporation. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Dixit, Advocate.

Ms. Mayuri, Advocate.

For the PMC :

Mr. Prasoon Sinha, Advocate.

For the Respondent/s :

Mr. Naki Haider, AC to SC-9.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 22-08-2023 At the outset, learned counsel for the petitioner seeks permission to make the Municipal Commissioner as party respondent no.4 in the matter.

2. Permission is accorded.

3. Heard Mr. Naresh Dixit learned counsel duly assisted by Ms. Mayuri learned counsel for the petitioner, Mr. Prasoon Sinha, learned counsel for the respondent Patna Municipal Corporation and Mr. Naki Haider, learned AC to SC-9 for the State.

4. The petitioner, who is a Advertising Private

Patna High Court CWJC No.3590 of 2023 dt.22-08-2023 2/3 Limited company approached before this Court by invoking the extraordinary writ jurisdiction of this court under Article 226 of the Constitution of India seeking a direction upon the respondent Patna Municipal Corporation to issue No Objection Certificate to the petitioner's company so that they can commence with the project regarding installation of CCTV cameras for city traffic monitoring and surveillance.

5. In support of his submissions, he drew the attention of this Court to the order dated 24.11.2021 passed by the Municipal Commissioner, Patna Municipal Corporation, suggesting that in the General Meeting dated 15.11.2021, a decision has been taken to grant 'No Objection Certificate' in faovour of the petitioner's company. He further submits that despite the decision having been taken by the Municipal Corporation in its General Meeting, the Municipal Commissioner has not come up with the final order to grant 'No Objection Certificate'.

6. At this juncture, learned counsel for the Patna Municipal Corporation seeks a short adjournment to respond to the matter.

7. Considering the submissions made on behalf of the parties and taking note of the nature of the dispute, this

Patna High Court CWJC No.3590 of 2023 dt.22-08-2023 3/3 Court deems it apt and proper to dispose of the present writ application with a direction to the newly added respondent no.4 the Municipal Commissioner, Patna Municipal Corporation to pass final order in the matter after taking into consideration the decision taken in the General Meeting dated 15.11.2021 as has been incorporated in the order as contained in Annexure-8 to the writ petition.

8. Needless to observe that the aforesaid exercise must be complete within a period of six weeks from the date of receipt/production of a copy of this order.

9. Accordingly, the present writ application stands disposed of with the aforesaid direction. (Harish Kumar, J) manoj/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.08.2022.

Transmission Date NA