Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11102 of 2024 ====================================================== Soni Kumari W/o- Sri Abhishek Kumar Singh, R/o Shivam Apartment, Anandpuri, West Boring canal Road, P.S.- S.K. Puri, Dist- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate Patna. 2.

The Municipal Commissioner, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The Station House Office Gandhi Maidan Patna. 5.

The General Manager/Md South Bihar Electric Distribution Company x 6.

The District Sub Registrar Patna.

7.

The Director Town Planning Officer cum Executive Officer cum Executive Engineer Nutan Rajdhani Division P,M.C, Patna. 8.

Lalan Kumar S/o Sri Sohar Prasad R/o Ramkrishna Nagar, Dhelwa, P.O.- Dhelwa, P.S.- Ramkrishna Nagar Patna.

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

For the Petitioner/s :

Mr.Awadhesh Kumar Mishra Mr. Jitendra Kumar George, Mr. Ujjawal Kumar, Advocates.

For the Respondent/s :

Mr. Md. Harun Quraishi, AC to SC-1 For Respondent No. 5 :

Mr. Kunal Tiwary, Adv.

For PMC :

Mr. Prasoon Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-09-2024 Heard the parties.

2. The petition has been filed for the following reliefs:- "1. That this is an application for issuance of a writ of mandamus directing the respondents authorities to get the unauthorised construction of commercial building constructed. by the respondent no.-8 standing on plot No. 722, Thana No. 137, Circle NO.9, Ward No.28, Mauja-

Patna High Court CWJC No.11102 of 2024(3) dt.10-09-2024 2/3 Muharrampur, Area -10 dhur, adjacent to Raghubansh Market Exhibition Road Patna demolished in the light of section 313 of Patna Municipal Act."

3. The grievance of the petitioner is that despite his petition against the illegal construction of commercial shops near Raghubansh Market, Exhibition Road, Patna, the respondent-Patna Municipal Corporation, save and except issuing notice, is doing nothing.

4. A perusal of the petition would show that the Patna Municipal Corporation took cognizance of the complaint wayback on 06.04.2022 and vide letter no. 4877 dated 06.04.2022, it put the respondent no.8 as also one Ravi Ranjan on notice and a Case no. 23B of 2022 has been registered. The letter further shows that a direction was issued to stop the construction but according to learned counsel for the petitioner, they have almost completed the same without the Patna Municipal Corporation interfering in it despite the fact the area is situated close to the main office of the Corporation.

5. The matter is of the year 2022 and we are in the year 2024. Instead of keeping the writ petition pending, it would be appropriate that the same is disposed of with a direction to the PMC to take up the Case no. 23B of 2022 and after noticing

Patna High Court CWJC No.11102 of 2024(3) dt.10-09-2024 3/3 the party, going through the facts/records take a decision/pass interim order and in any case, the same has to be concluded by 31st of December,2024.

6. The writ petition is disposed of.

(Rajiv Roy, J) perwez U