Arjun Prasad Singh v. The Patna Muncipal Corporation And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12717 of 2013 =========================================================== Arjun Pd. Singh S/O Late Kishori Pd. Singh Resident Of Shivam Raj Enclave, 2a, 2nd Floor Monteshwari School Lane, Boring Road, Patna 800001, Ps- Sri Krishnapuri, District- Patna .... .... Petitioner/s
Versus
1. The Patna Muncipal Corporation, Dak Bunglow Road, Maurya Lok Complex, Ps.- Kotwali, District Patna Through Municipal Commissioner, Patna
2. The Municipal Commissioner, Patna Municipal Corporation, Dak Bunglow Road, Maurya Lok Complex, P.S- Kotwali, District- Patna
3. The Vigilance Officer, Patna Municipal Corporation Dak Bunglow Road, Maurya Lok Complex, P.S- Kotwali, District- Patna
4. Sankar Prasad S/O Late Yadunandan Rawut, Resident Of Boring Patliputra Road, New Patliputra, Ps- Shrikrishnapuri, District- Patna. Director Of M/S Bhubneshwari Engicon Pvt. Ltd. (Builder Of Said Apartment)
5. Ajay Kumar Singh S/O Late Natuni Prasad Resident Of Kachori Gali, Post Jhauganj, Patna City, Patna, Director Of M/S Bhubneshwari Engicon Pvt. Ltd. (Builder Of Said Apartment) .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr.
For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date: 24-04-2017 Heard learned counsels for the petitioner and the respondents.
The present writ application has been filed for initiating a vigilance case and for directing to demolish the unauthorized construction of the building namely, Shivam Raj Enclave, after a proper enquiry.
It is submitted by learned counsel for the petitioner that Shivam Raj Apartment was sanctioned vide Plan Case
Patna High Court CWJC No.12717 of 2013 dt.24-04-2017 2/3 No. PRN-4-484/05 dated 07.12.2007 for construction of building of G+3 but without the consent of the landlady on 11.06.2009 again revised map of the said building was obtained for G+4 against the provisions of the Bye-laws as well as provision mentioned in Bihar Apartment Act, 2006.
Petitioner is the power of Attorney holder of the land in question for and on behalf of his wife. The petitioner filed an application before the Commissioner, Patna Municipal Corporation, Respondent No. 2 but till date neither the building has been inspected nor any action has been taken. Subsequently, on 12.03.2013, an affidavited petition was filed before Respondent No. 2, as contained in Annexure-1. The petitioner on 26.04.2013 served a legal notice to Respondent No. 2, as contained in Annexure-2, but no action has been taken.
Counsel for the Municipal Corporation submits that, at present, she does not have any instruction whether any action has been taken on the representation of the petitioner or not, but assures that if the representation of the petitioner has not been disposed of, it shall be disposed of within a period of four weeks. Accordingly, this writ application is disposed of. It is expected from Respondent No. 2 to look into the matter and dispose of the representation of the petitioner as
Patna High Court CWJC No.12717 of 2013 dt.24-04-2017 3/3 contained in Annexure-1. If it is not available, then the petitioner will file fresh representation within a period of two weeks, but if the representation of the petitioner as contained in Annexure-1 is available, then, it is expected from Respondent No. 2 to dispose of the same with a speaking order after giving due opportunity of being heard to the affected persons within a period of four weeks, or, in case of non-availability of the representation, then within four weeks of submission of the such representation.
(Dinesh Kumar Singh, J) DKS/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.05.2017 Transmission Date NA