Manoj Kumar Gupta v. The Patna Municipal Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4984 of 2019 ====================================================== Manoj Kumar Gupta Son of Late Lakhan Lal Resident of 202, Shanti Niketan Apartment, Orodental Hospital Lane, East Boring Canal Road, Police StationBuddha Colony, District-Patna. ... ... Petitioner/s

Versus

1.

The Patna Municipal Corporation through the Municipal Commissioner, Second Floor, Block-C, Maurya Lok Complex, Buddh Marg, Patna-800001 2.

The Municipal Commissioner, Patna Municipal Corporation, Second Floor, Block-C, Maurya Lok Complex, Buddh Marg, Patna-800001 3.

The Vigilance Officer, Patna Municipal Corporation, Second Floor, Block-C, Maurya Lok Complex, Buddh Marg, Patna-800001 4.

The Executive Officer, Nutan Rajdhani Division (North), Patna Municipal Corporation, Second Floor, Block-C, Maurya Lok Complex, Buddh Marg, Patna-800001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Archana Shahi, Advocate For the Respondent/s :

Mr.Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-07-2023 Heard Mrs. Archana Shahi, learned counsel for the petitioner and the respondent PMC.

The writ petition was filed challenging the order dated 14.02.2019 passed by the Municipal Commissioner, Patna Municipal Corporation, Patna in Vigilance case No.30B of 2018 by which direction was given to demolish the structure and pay penalty of Rs.1,00,000/-.

It has been fairly submitted by Mrs. Shahi that pursuant to the functioning of the Municipal Building Tribunal, Patna, she will be filing appeal against the said order.

Patna High Court CWJC No.4984 of 2019(8) dt.11-07-2023 2/2 However, her prayer is that till an appeal is filed and the prayer for interim protection is decided by the said Tribunal the status quo granted by the coordinate bench on 25.03.2019 be continued.

Learned counsel for the Patna Municipal Corporation has no objection.

The writ petition stands disposed of with observation that if the petitioner prefers an appeal within four weeks from today against the order in question, the status quo granted on 25.03.2019 will continue and the same will finally merge with the order of the Municipal Building Tribunal, Patna on the interim prayer made by the petitioner.

The Municipal Building Tribunal, Patna shall see to it that the appeal is finally decided at an earliest preferably within a period of six months from today.

The writ petition stands disposed of.

(Rajiv Roy, J) Prakash Narayan U