Arti Banerjee @ Aarti Banerjee v. Patna Municipal Corporation,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4972 of 2025 ====================================================== Arti Banerjee @ Aarti Banerjee Wife of Late Debangshu Banerjee Resident of Mohalla-South Shri Krishna Puri, P.S.-Shri Krishna Puri, Patna, Bihar. ... ... Petitioner/s
Versus
1.
Patna Municipal Corporation, through its Municipal Commissioner, Patna. Bihar.
2.
Municipal Commissioner, Patna Municipal Corporation, Patna, Bihar. 3.
Assistant Engineer, Nutan Rajdhani Anchal, Patna Municipal Corporation, Mauryalok Complex, Patna.
4.
Additional Town Commissioner, Patna Municipal Corporation at Mauryalok Complex, Patna.
5.
The Executive Officer, Patna Municipal Corporation, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddharth Prasad, Advocate For the PMC :
Mr. Prasoon Sinha, Sr. Advocate Mr. Prabhat Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned counsel for the Patna Municipal Corporation.
2. The present writ petition has been filed for the following relief/s:- "I. For commanding the respondent corporation to revalidate the previously sanctioned building plan which was duly approved under Plan Case No. CA/ 86/ 9665/ 29/2009-10/ PMC-34/2011, for a further period of two years in terms of Rule 9 of the Bihar Building Byelaws, 2014. For which the petitioner had already obtained 'No Objection Certificate (NOC) vide letter no.5022 dated
Patna High Court CWJC No.4972 of 2025(5) dt.01-08-2025 2/3 21.12.2011.
II. Any other relief(s) for which the petitioner is entitled to."
3. Learned counsel for the petitioner with a view to cut short the matter, submits that the genesis of this case is the Vigilance Case No.118A of 2013 which was decided against the petitioner. Thereafter, petitioner has filed appeal before the Municipal Building Tribunal in Appeal Case No.28 of 2014 which was dismissed due to lack of jurisdiction. Counsel submits that the petitioner has filed C.W.J.C No.2432 of 2017 which was allowed vide order dated 02.11.2020. Learned counsel submits that, with a view to comply the order passed in C.W.J.C. No. 2432 of 2017, M.J.C was filed bearing M.J.C. No. 2464 of 2023 pursuant to which, the possession of the property/house in question has been handed over to the petitioner and the contempt petition was disposed off vide order dated 04.10.2024.
Counsel further submits that thereafter, the petitioner filed a representation before the Municipal Commissioner, Patna Nagar Nigam, seeking an extension of the validity of the map of the said building in question, for which long litigation has been ongoing since 2013. Counsel submits that the said representation is pending before the Municipal Commissioner, Patna Nagar Nigam since 23.01.
Patna High Court CWJC No.4972 of 2025(5) dt.01-08-2025 3/3 decision has been taken till date and it is due to this reason, petitioner has filed the present writ petition explaining all the facts and circumstances.
4. Learned counsel appearing for Patna Municipal Corporation submits that the petitioner has no case at all. But upon a specific query by the Court as to whether any order has been passed on the petitioner's representation, he submits that as per his knowledge, no such order has been passed.
5. In this view of the matter, it is hereby directed to the Municipal Commissioner, Patna Municipal Corporation, Patna, Bihar (Respondent no.2) to pass a reasoned and speaking order on the representation filed by the petitioner dated 23.01.2025 (annexed as Annexure-P/11 of the writ petition) within 90 days from the date of production/receipt of this order. It is made clear that counting of said 90 days shall be made from the date of appearance of concerned parties.
6. Accordingly, with the aforesaid direction, this writ petition stands disposed off.
(Dr. Anshuman, J) Divyansh/- U