Ramanuj Sharma v. The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4672 of 2023 ====================================================== Ramanuj Sharma S/o Late Basudeo Sharma, Resident of Village- Dohiya, P.S.- Paras Bigha, District- Jehanabad.

... ... Petitioner/s

Versus

1.

The Principal Secretary, Urban Development and Housing Dept. (Govt. of Bihar).

2.

The District Magistrate, Jehanabad.

3.

The Executive Officer cum Administrative Officer, Nagar Parisad, Jehanabad.

4.

Mustari Khatoon @ Chanda Praveen, D/o Late Aftab Alam, R/o MohallaJagarganj Ward No. 32, P.S.- Jehanabad, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Respondent/s :

Mr. Sayid Hussain Majid, Advocate For the Nagar Parishad :

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 28-08-2023 Heard Mr. Sanjay Kumar Sharma, learned counsel appearing on behalf of the petitioner and Mr. Ashok Kumar, learned counsel representing the Nagar Parishad, Jehanabad.

2. The petitioner, who is the resident of the locality where the alleged illegal construction has been made, approached before this Court seeking a direction upon the respondent no. 3 to take appropriate action against the respondent no. 4 in pursuance of the notice issued by the respondent no. 3 and take it to its logical conclusion in view of

Patna High Court CWJC No.4672 of 2023 dt.28-08-2023 2/3 Sections 313 and 314 of the Bihar Municipal Act, 2007 and the bye-laws made therein.

3. Having gone through the materials available on record, prima facie, this Court finds no locus of the petitioner in the prerogative writ jurisdiction seeking a direction against the respondent no. 4 for disposal of her case, which has already been initiated and the matter is sub judice before the Executive Officer - cum - Administrative Officer, Nagar Parishad, Jehanabad, who after making proper inspection has already issued notice to the respondent no. 4, with a direction to submit a reply.

4. It is further submitted on behalf of the petitioner that though, time for filing the reply, as has been allowed to the respondent no. 4, has already come to an end much earlier and the matter is pending since one year, but till date it has not come to its logical conclusion.

5. Considering the nature of the relief prayed for by the petitioner, who is acting as a busybody, this Court is not persuaded to interfere in the matter. The petitioner is at liberty to raise his grievance before the appropriate forum.

6. Accordingly, the present writ application stands dismissed with the aforesaid liberty.

Patna High Court CWJC No.4672 of 2023 dt.28-08-2023 3/3

7. Mr. Sayid Hussain Majid, learned counsel for the State is present.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.08.2023.

Transmission Date NA