Ramendu Kumar v. Patna Municipal Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12286 of 2024 ====================================================== Ramendu Kumar Son of Late Banketeshwar Prasad Singh resident of VillageChintamanichak, P.S.- Mokama, Patna- 803302 at present residing at Mohalla Mainpura, P.S.- Patliputra, Patna- 800001.

... ... Petitioner/s

Versus

1.

Patna Municipal Corporation through its Commissioner situated at Maurya Lok, C- Block, 2nd Floor, P.S.- Kotwali, Patna-800001. 2.

The Executive Officer, Patliputra Circle, Patna Municipal Corporation, Ganga Research Center, Collectorate Ghat, Patna- 800001. 3.

The Executive Engineer, Patliputra Circle, Patna Municipal Corporation, Ganga Research Center, Collectorate Ghat, Patna- 800001. 4.

Shri Nikhil Kumar Singh, son of late Satyendra Narayan Singh, resident of Jay Prakash Path (Boring Road), P.S.- Budha Colony, Patna- 800001. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Shankar Thakur, Advocate For the Respondent/s :

Mr. Prasoon Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2024 Heard Mr. Shambhu Shankar Thakur, learned counsel for the petitioner and Mr. Prasoon Sinha, learned counsel appearing on behalf of the Patna Municipal Corporation.

2. The present writ petition has been preferred for the grant of following relief/s:- "That this is an application for issuance of a writ of mandamus or any other appropriate writ/order/direction commanding the Respondents to demolish the building built by Resp. No. 4 U/S 233(1) of Bihar Municipal Act, 2007, hereinafter referred to as "Act", after initiation of Vigilence Case U/S 319 of the "Act"

Patna High Court CWJC No.12286 of 2024(2) dt.19-08-2024 2/2 as the same is built without mandatory approved of building plan by Resp. No. 1, the Patna Municipal Corporation."

3. A perusal of the representation preferred by the petitioner before the Patna Municipal Corporation (henceforth for short 'the PMC') shows that it was submitted way back on 15th of May, 2023 (Annexure-P/1 to the writ petition). It is his case that no step has taken by 'the PMC' despite the said representation.

4. Mr. Prasoon Sinha, learned counsel for 'the PMC' submits that the entire facts have not been narrated in the matter.

5. Learned counsel for the petitioner intends to supply additional document within two weeks to 'the PMC'.

6. 'The PMC' specially the Municipal Commissioner is duty bound to look into the matter, hear the necessary parties and take the matter to its logical conclusion preferably within a period of six months from the date, the petitioner files additional document alongwith the copy of the present document.

7. The present writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) Adnan/- U