Patna High CourtCWJC/15451/2016withdrawn

Gajendra Mohan Mishra And ORS v. The Patna Municipal Corporation And ORS

2016-09-30Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15451 of 2016 ======================================================

1. Gajendra Mohan Mishra son of Late Justice Govind Mohan Misra residence in India Plot No. 165B Srikrishnapuri, Sahdeo Mahto Marg, Patna- 800001.

2. Gunendra Mohan Mishra son of Late Justice Gobind Mohan Misra permanent resident of Plot No. 165B Srikrishnapuri, Sahdeo Mahto Marg, Patna- 800001 and at present residing at Block B-304, Bansal Plaza, Station Road, Ranchi- 834001.

3. Nirendra Mohan Mishra son of Late Justice Gobind Mohan Misra permanent resident of Plot No.165B Srikrishnapuri, Sahdeo Mahto Marg, Patna 800001.

.... .... Petitioner/s

Versus

1. The Patna Municipal Corporation, Patna through the Patna Municipal Commissioner, Maurya Lok Building, Patna.

2. The Patna Municipal Commission, Patna Municipal Corporation, Maurya Lok Building, Patna.

3. Prakash Kumar @ Munna Ji son of Murali Prasad Sinha Apurana Developers Private Limited, Plot No.8E, Road No.12, Rajendra Nagar, PSKadamkuan, Patna

4. Kumar Ashutosh son of Prakash Kumar Plot No. 8E, Road No.12, Rajendra Nagar, PS- Kadamkuan, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilanjan Chatterjee For the Respondent/s : Mr. Prasoon Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-09-2016 Heard Mr. Chatterjee for the petitioners as well as the counsel for the Corporation.

It is submitted that the Building Tribunal constituted under section 329 of the Bihar Municipal Act, 2007 is now functional. The case is pending before the said Tribunal since 2014. In the aforesaid circumstances, the petitioner may be

Patna High Court CWJC No.15451 of 2016 (2) dt.30-09-2016 2/2 permitted to withdraw this writ application so that they may pursue the pending appeal before the Building Tribunal. As prayed, the application is permitted to be withdrawn. It is expected the Tribunal shall take up the appeal and dispose of the same in accordance with law as quickly as possible, preferably within 04 months from the date of receipt/production of a copy of this order.

(Kishore Kumar Mandal, J) HR/- U