Raj Kumar Sharma And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5593 of 2016 ====================================================== 1.

Raj Kumar Sharma and Ors Son of Late Ram Chandra Sharma, 2.

Usha Srivastav, Wife of Rajendra Prasad Srivastav 3.

Dilip Kumar, Son of Sri Bhrignath Singh, 4.

Udaya Praksah Sinha, Son of Late Krihna Mohan Sinha, 5.

Jyoti Tiwary, Wife of Sanjay Kumar Tiwary, 6.

Sujeet Kumar, Son of Late Rewati Raman, 7.

Rajeev Ranjan Singh, Son of Sri Ram Chandra Singh, All are Resident ofPuspha Mension Apartment,Vivekanant Park Colony, New Patliputra, Patna - 800013 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Patna.

3.

The Municipal Commissioner, Patna Municipal Corporation, Patna. 4.

The Senior Superintendent of Police, Patna.

5.

The Sub Divisional Officer, Patna.

6.

The SHO, Sri Krishna Nagar Police Station, Patna. 7.

The SHO, Patliputra Station Patna.

8.

M/S Rakshit Construction Private Limited, through its Director Sukhdeo Narain Verma, Son of Late Bhagwat, Resident of 55, A.N. Path, Near Alpana Market, Patna.

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

For the Petitioner/s :

Mr.Ranjeet Kumar, Mr. Dilip Kumar, Mr. Kanishk Kumar, Advocates For the Respondent/s :

Mr. Vikash Kumar SC-11 Mr. Piyush Kr. Pandey, AC to SC-11 For PMC :

Mr. Sanjay Prakash Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner, learned counsel for the Respondent-State and learned counsel appearing for Patna Municipal Corporation.

Patna High Court CWJC No.5593 of 2016(4) dt.03-07-2025 2/3

2. With the consent of the parties, the present writ application is being disposed of at this stage itself.

3. Learned counsel for the petitioner submits that for seeking the relief as claimed for in the present writ application, the petitioner is prepared to file a detailed representation before the Municipal Commissioner, Patna Municipal Corporation, Patna for which some time may be granted. He further prays that if such a representation is filed, the Municipal Commissioner, Patna be directed to dispose of the said representation within a fixed time frame after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order.

4. The aforesaid prayer being made by the learned counsel for the petitioner is not opposed by the Respondents.

5. Considering the limited nature of prayer being made by the learned counsel for the petitioner, this writ application is disposed of giving liberty to the petitioner to file a detailed representation before the Municipal Commissioner, Patna Municipal Corporation, Patna within two weeks from the date of passing of this order. If such a representation is filed by the petitioner before the Municipal Commissioner, Patna, the Municipal Commissioner, Patna shall shall dispose of the said

Patna High Court CWJC No.5593 of 2016(4) dt.03-07-2025 3/3 representation on merit after giving an opportunity of hearing to the petitioner, by passing a reasoned and speaking order.

6. The entire exercise must be completed by the Municipal Commissioner, Patna within a period of two months from the date of filing representation by the petitioner.

7. With the aforesaid direction/observation, the present writ application stands disposed of.

(Alok Kumar Sinha, J) perwez U