Dr. Ganpat Mandal @ Ganpat Mandal And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9034 of 2015 ====================================================== 1.
Dr. Ganpat Mandal @ Ganpat Mandal Son of Late Kapuri Mandal, Flat No. 202, Surya Laxmi Enclave, Priyadarshi Nagar, DPS More, Beside Rupuspur Thana, Bailey Road, Danapur, Patna.
2.
Sunil Kumar Son of Sri Saryog Prasad, Flat No. 305, Surya Laxmi Enclave, Priyadarshi Nagar, DPS More, Beside Rupuspur Thana, Bailey Road, Danapur, Patna.
3.
Mahendra Prasad Singh Son of Late Raja Ram Singh, Flat No. 305, Surya Laxmi Enclave, Priyadarshi Nagar, DPS More, Beside Rupuspur Thana, Bailey Road, Danapur, Patna.
4.
Rakesh Kumar Son of Sri Hari Kant Jha, Flat No. 302, Surya Laxmi Enclave, Priyadarshi Nagar, DPS More, Beside Rupuspur Thana, Bailey Road, Danapur, Patna.
5.
Sobodh Kumar Son of J.P. Singh, Flat No. 204, Surya Laxmi Enclave, Priyadarshi Nagar, DPS More, Beside Rupuspur Thana, Bailey Road, Danapur, Patna.
6.
Rashmi Kumari D/o Dr. D.P. Singh, Flat No. 301, Surya Laxmi Enclave, Priyadarshi Nagar, DPS More, Beside Rupuspur Thana, Bailey Road, Danapur, Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Bihar, Patna.
2.
The District Magistrate, Patna.
3.
The Senior Superintendent of Police, Patna.
4.
Deputy Superintendent of Police, Danapur.
5.
The Officer in Charge Rupaspur Police Station, Danapur, Patna. 6.
The Executive Office, Nagar Parishad, Danapur, District Patna. 7.
Smt. Babita Devi alias Babita Gupta W/o Sri Suresh Kumar 8.
Smt. Hiramani Gupta W/o Sri Prakash Kumar.
9.
Ashok Kumar Son of Late Laxmi Prasad.
All Residents at Mithapur B area, Thana Jakkanpur, District Patna, presently residing at Surya Laxmi Enclave, Priyadarshi Nagar, DPS More, Beside Rupuspur Thana, Baily Road, Danapur, Patna.
10.
Tarun Kumar son of Late Jagdish Prasad Director, Surya Next Build Ltd., Resident Nutan Vihar, Kankarbagh, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Prakash Verma, Adv.
For the Respondent/s :
None ======================================================
Patna High Court CWJC No.9034 of 2015(3) dt.31-07-2023 2/3 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2023 Learned counsel for the petitioner is present, however, neither learned counsel for the State nor learned counsel for the Nagar Parishad, Danapur is present.
2. Learned counsel for the petitioner submits that there is a gross violation in the apartment which has been constructed within the territorial jurisdiction of Nagar Parishad, Danapur. He further submits that complaint in this regard has been filed before the Executive Officer, Nagar Parishad, Danapur which is annexed as Annexure-3 but no action has been taken. He further submits that the Nagar Parishad, Danapur has sanctioned the plan for construction of the apartment and according to petitioner there is gross violation in preparation of the apartment and they are repeatedly violating the sanctioned plan. Upon oppose they have threatened to stop the electric and water connection of the petitioner.
3. In this view of the matter and as per the position of law under Municipality the Executive Officer, Nagar Parishad, Danapur is the competent authority to look into the matter, therefore, petitioner is directed to file fresh representation alongwith all his relevant documents and copy of the order passed by this Court before the Nagar Parishad, Danapur within
Patna High Court CWJC No.9034 of 2015(3) dt.31-07-2023 3/3 four weeks.
4. Executive Officer, Nagar Parishad, Danapur is directed to hear the parties and pass reasoned and speaking order within six weeks from the date of filing of representation. If he found that application of petitioner is correct, then he suppose to take appropriate action provided under law.
5. With this observation and direction, the present Writ Petition stands disposed off.
(Dr. Anshuman, J.) Ritik/- U