Shiva Shanker Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3674 of 2023 ====================================================== Shiva Shanker Sharma S/o Late Mahendra Singh, Resident of Pakka Kuan Lane, Babhantoli, Mahendru, Sampatchak, P.S.- Sultanganj, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna.

2.

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

3.

The Commissioner, Patna Municipal Commissioner, Maurya Lok Complex, Jawahar Lal Nehru Marg, Patna.

4.

The Director, Urban Planning, Patna Municipal Commissioner, Maurya Lok Complex, Jawahar Lal Nehru Marg, Patna.

5.

The Executive Engineer, Urban Development Division, Bankipore,Bankipore Circle, Patna Municipal Commissioner, Maurya Lok Complex, Jawahar Lal Nehru Marg, Patna.

6.

Shri Sunil Kumar Gupta S/o Not known to the petitioner, Resident of Sheopur Road, Near kamla Devi Asthan, Mahendru, P.S.- Sultanganj, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivam, Advocate For the Respondent/s :

Mr. Abbas Haider (Sc6) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the Patna Municipal Corporation Mr. Prasoon Sinha and learned Senior counsel for the Private Respondent Mr. Tejbahadur Singh assisted by learned Advocate Brishketu Sharan Pandey.

The relief claimed for in the present writ application has been recorded in detail in the order dated 14.03.2023. Today, when the matter is taken up the learned

Patna High Court CWJC No.3674 of 2023(3) dt.09-05-2023 2/3 counsel for the Patna Municipal Corporation submits that he has received instruction but the same could not be filed, thus seeks time.

Learned counsel for the Municipal Corporation submits that after passing of the order dated 14.03.2023, Vigilance Case No. 14P of 2023 has been instituted based on the complaint of the petitioner in which the private respondent is also impleaded as a party.

Learned counsel for the petitioner submits that notices have been issued and the parties have been directed to file their show-cause to which the learned Senior counsel appearing for the Private Respondent also agrees. Since Vigilance Case No. 14B of 2023 has been instituted, as such, the Court is not inclined to proceed with the writ application as the relief claimed for in the present writ application can be claimed before the Municipal Commissioner, Patna Municipal Corporation by the petitioner.

However, the Court directs that Vigilance Case No. 14P of 2023 is disposed of expeditiously in accordance with law after hearing the parties and preferably within a period of 3 months from the date of receipt production of a copy of this order, if possible.

The Court has not expressed any opinion on merits of

Patna High Court CWJC No.3674 of 2023(3) dt.09-05-2023 3/3 the case and while considering the Vigilance Case No. 14P of 2023, the order dated 14.03.2023, in the present writ application shall not be taken into consideration.

(Satyavrat Verma, J) GauravSinha/- U