Murlidhar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15241 of 2019 ====================================================== Murlidhar Pandey Son of Late Gena Lal Pandey Resident of Gandhi Path, New Area, Jakkanpur, Police Station- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Prinicipal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 2.

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

The Executive Engineer, Bankipur Division, Patna Municipal Corporation, Patna.

4.

Sri Ramesh Kumar Akhauri Son of late S.S. Akhauri, Kadamkuan, Patna Present address 1201 Amrapali Zodise Park Sector 120 , Nodia201301 5.

Subodh Kumar Sinha, Son of late S.N. Sinha, Nageshwar Colony, P.S. Buddha Colony, District-Patna.

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi, Advocate For the Respondent/s :

Mr. Abbas Haider, SC 6 For the PMC :

Mr. Yashraj Bardhan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-06-2023 Heard the parties.

The writ petition was filed against the order passed by the Municipal Corporation directing the petitioner to demolish the construction of Survey Plot No. 144, Ward No. 13 Old/38 New Circle No. 20, Holding No. 69 situated at Rajendra Path, Kadamkuan, Patna.

It has been submitted by learned Counsel for the respondent nos. 4 and 5 as also the Municipal Corporation that the appeal against the said order is already pending before the Municipal Building Tribunal-02 vide Appeal No. 04(S) of 2018

Patna High Court CWJC No.15241 of 2019(8) dt.22-06-2023 2/2 and the last date of hearing was 5th of June, 2023 in which the parties are appearing.

In the aforesaid background, the writ petition stands disposed of with a direction to the Municipal Building Tribunal02 to take decision in the matter after hearing all the concerned preferably within a period of three months.

Till an order is passed by the Municipal Building Tribunal-02, the status-quo that was granted by a co-ordinate bench on 31.07.2019 to continue.

Accordingly, the writ petition stands disposed of. (Rajiv Roy, J) Neha/- U