Aditya Narayan Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9024 of 2019 ====================================================== Aditya Narayan Singh, Son of Late Rameshwar Prasad Singh, resident of Mohalla- West Lohanipur, Near Kathpool, P.O.and P.S.- Kadamkunan, District- Patna- 800003.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

3.

The District Magistrate, Patna.

4.

The SDO, Patna.

5.

The Circle Officer, Patna Sadar, Patna.

6.

The Patna Municipal Corporation through its Municipal Commissioner, Maurya Lok Campus, Patna.

7.

The Municipal Commissioner, Patna Municipal Corporation, Patna. 8.

The Additional Municipal Commissioner, Patna Municipal Corporation, Patna, Bankipur Anchal, Patna.

9.

The Vigilance Officer, Bankipur Division, Patna Municipal Corporation, Patna.

10.

The Executive Engineer, Bankipur Division, Patna Municipal Corporation, Patna.

11.

Sri Ashok Kumar Singh, Sub-Inspector of Police, Son of Late Singheshwari Singh, resident of Mohalla- West Lohanipur, Near Kathpool, P.O. and P.S.- Kadamkunan, District- Patna.

12.

Sudhakar Singh, Executive Engineer, Bankipur Division, Patna Municipal Corporation, Patna.

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

For the Petitioner/s :

None.

For the Respondent/s :

Mr.Kinker Kumar (Sc9) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-06-2023 No one appears on behalf of the petitioner although Mr. Prabhakar Singh, representing Patna Municipal Corporation is present.

This writ application has been preferred alleging that

Patna High Court CWJC No.9024 of 2019(5) dt.23-06-2023 2/3 despite the matter pending before the Tribunal in Appeal No. (S) 2018, letter dated 04.04.2019 and 15.l04.2019 have been issued by the respondents-3rd set for demolition of part of house.

The petitioner prays for following reliefs:

(i) the notice dated 04.04.2019 and 15.04.2019 issued by the respondent no.10 Executive Engineer contained in annexure-3 & 5 may be quashed;

(ii) the respondents may be directed not to proceed with any demolition of house of petitioner during the pendency of the appeal filed by the petitioner bearing Appeal No. 9(S) of 2018 pending before Learned Municipal Building Tribunal South Division, Bihar, Patna;

(iii) any other relief or reliefs may be allowed which will be just, proper and equitable on the opinion of this Court. It has been contended by the learned counsel appearing for the Patna Municipal Corporation that the aforesaid appeal is still pending before the Tribunal where the petitioner can raise all the issues including the relief as for as the Tribunal to now functional.

The writ petitioner accordingly stands disposed of with liberty to raise all issues including prayer for interim relief,

Patna High Court CWJC No.9024 of 2019(5) dt.23-06-2023 3/3 if he is still aggrieved.

The writ petition stands disposed of with aforesaid observation.

(Rajiv Roy, J) Jagdish/kiran/- U