Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6434 of 2015 ======================================================

1. Ashok Kumar S/o late Surya Nath Kumar resident of address 702, Surya Lok, Sahdeo Mahto Marg Sri Krishna Puri, P.S. - Sri Krishna Puri, Distt - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through D.G.P., Patna.

2. The Senior Superintendent of Police, Patna.

3. The Deputy Superintendent of Police, Sachivalaya, Patna.

4. The Station House Officer, Sri Krishnapuri Police Station, Patna.

5. The Commissioner, Patna Municipal Corporation, Patna.

6. The Vigilance Officer Patna Municipal Corporation, Patna.

7. Dr. Umesh Prasad Singh S/o late Satya Narayan Singh

8. Dr. Smt. Anita Sinha wife of Dr. Umesh Prasad Singh both are resident of mohalla - J.P. Hospital Boring Road, P.S. S.K. Puri, District - Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Suresh Roy, Sr. Adv. For the Respondent/s : Mr. R.N.Dubey, AAG-12 For the P.M.C. : Mr. Prasoon Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-07-2015 Heard Mr. Ram Suresh Roy, learned Senior Counsel for the petitioner, learned counsel for the State and Mr. Prasoon Sinha, learned counsel for the Patna Municipal Corporation. The petitioner while complaining of illegal construction and encroachment by the private respondent No.7 has also complained that the order passed by the Municipal Commissioner, Patna Municipal Corporation as is reflected from the notice present at Annexure-3 issued by the Vigilance Officer, is not being taken to its conclusion.

Patna High Court CWJC No.6434 of 2015 (2) dt.03-07-2015 2/2 Mr. Prasoon Sinha learned counsel for the Corporation with response to the prayer so made submits that even when such complaint is being made before this Court, the petitioner has not invited the attention of the Municipal Commissioner towards the grievance.

Having heard learned counsel for the parties and taking note of the limited grievance raised by the petitioner, this writ petition is disposed of with the liberty to the petitioner to raise his grievance before the Municipal Commissioner, Patna Municipal Corporation and which shall be considered and disposed of in accordance with law but after opportunity of hearing to the effected parties i.e. the petitioner as well as the respondent No.7 herein. An expeditious deposal preferably within three months from the date of filing of such representation would be appreciated.

(Jyoti Saran, J) Bibhash/- U