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Patna High CourtCWJC/3670/2017disposed

Harihar Apartment Owners Association And ANR v. The State Of Bihar And ORS

2017-08-07Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3670 of 2017 ===========================================================

1. Harihar Apartment Owners' Association, East Boring Canal Road, Patna800001 through its President Shri Rakesh Kumar, Son of Shri Bhagwan Das, resident of Flat No. 54-55, Harihar Apartment, East Boring Canal Road, P.S. Buddha Colony, District- Patna- 800001.

2. Manoj Kumar, Son of Shri Nagendra Prasad, resident of Flat No. 62, Harihar Apartment, East Boring Canal Road, P.S. Buddha Colony, District- Patna800001. .... .... Petitioner/s

Versus

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

2. The Patna Municipal Corporation, Budh Marg, Patna through its Municipal Commissioner.

3. The Municipal Commissioner, Patna Municipal Corporation, Budh Marg, Patna.

4. The Director, Urban Planning Patna Municipal Corporation, Maurya Lok, Patna.

5. The Vigilance Officer, Patna Municipal Corporation, Maurya Lok, Patna.

6. The District Sub-Registrar, Registration Office, Patna.

7. Manish Kumar, Son of not known to the petitioners, resident of Roop Alankar Jewellers, Alankar Place, Boring Road, P.S. Kotwali, District- Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Satyabir Bharti and Mr. Alok Chandra, Advocates For the State :

Mr. Suresh Kumar, A.C. to G.P. 1 For the PMC :

Mr. Prasoon Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 07-08-2017 Heard learned counsel for the petitioners, State and Mr. Prasoon Sinha, learned counsel for the Patna Municipal Corporation (hereinafter referred to as the 'Corporation').

2. The petitioners were aggrieved by non action of the Corporation with regard to a compliant filed by them relating to the deviation and violation of law in construction/alteration of Block No.

Patna High Court CWJC No.3670 of 2017 dt.07-08-2017 2/2 2, Harihar Apartment, East Boring Canal Road, Patna.

3. At the very outset, learned counsel for the Corporation, who filed counter affidavit on behalf of the respondents no. 2 to 5, informed the Court that action has been taken on the complaint and Vigilance Case No. 06A/17 has been initiated against the concerned and in addition thereto, the S.H.O. of Buddha Colony Police Station has been informed to stop the construction work of the building in question. He has assured that the Vigilance case shall be taken to its logical conclusion expeditiously, in accordance with law.

4. In view of the aforesaid, the writ petition stands disposed off with the observation that the matter be taken to its logical conclusion and the petitioners, who were complainants shall be given an opportunity to participate in the proceeding. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U