Vijay Kumar v. The Patna Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13299 of 2015 ====================================================== Vijay Kumar, son of Late Jagdish Prasad, resident of Chailital, P.S. - Alamganj, District - Patna.

.... .... Petitioner/s

Versus

1. The Patna Municipal Corporation through its Municipal Commissioner, Maurya Lok Complex, New Dak Bunglow Road, P.S. - Kotwali, District - Patna.

2. The Municipal Commissioner, Maurya Lok Complex, New Dak Bunglow Road, P.S. - Kotwali, District - Patna.

3. The Vigilance Officer, Patna Municipal Corporation, Maurya Lok Complex, New Dak Bunglow Road, P.S. - Kotwali, District - Patna.

4. Sri Basant Singh, son of late Nanhak Lal.

5. Sri Dhanusdhari Prasad Singh son of late Nanhak Lal. Both are residents of mohalla - Nayagaon, P.S. - Alamganj, District - Patna.

6. Sri Rajiv Kumar, son of late Krishna Prasad, resident of mohalla - Nayagaon, P.S. - Alamganj, District - Patna.

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

For the Petitioner/s : Mr. Jashawir Singh Arora Mr. Manoj Kumar For the Respondent/s : Mr. Sanjay Prakash Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-08-2015 Heard Mr. Jashawir Singh Arora, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Prakash Verma, learned counsel appearing for the Patna Municipal Corporation.

The writ petition seeks to question the order dated 16/29.6.2015 passed by the Patna Municipal Building Tribunal in Miscellaneous Case No.8 of 2014 whereunder the Appeal No.39 of 2006-07 filed by the private respondents which was dismissed for default, has been restored to its original position.

Patna High Court CWJC No.13299 of 2015 (2) dt.28-08-2015 Having heard learned counsel for the parties, I am not persuaded with the argument of Mr. Arora, learned counsel appearing for the petitioner to interfere with the order of restoration of appeal nor do I find sufficient reasons to interfere with the same. In fact considering that the appeal is rather old, I am persuaded to dispose of the writ petition with a direction to the Patna Municipal Building Tribunal to consider and dispose of Appeal No.39 of 2006-07 expeditiously and preferably within a maximum period of six months from the date of receipt/production of a copy of this order without giving undue adjournment to any of the parties.

(Jyoti Saran, J) SKPathak/- U