Patna High CourtCWJC/13200/2016disposed

Manibhushan Pratap Sengar v. The State Of Bihar And ORS

2018-04-09Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13200 of 2016 ====================================================== Manibhushan Pratap Sengar S/o Jitendra Kumar Singh Resident of MohallaAnnadpuri, Boringcanal Road, P.S. S.K. Puri, District Patna. ... ... Petitioner/s

Versus

1. The State of Bihar , through Chief Secretary, Patna.

2. The Principal Secretary, Building Construction Department , Patna.

3. The Principal Secretary, Urban Development Department , Patna.

4. The Chairman cum Managing Director, Bihar State Housing Board, Patna.

5. The Municipal Commissioner , Patna Municipal Corporation,Patna.

6. The Commissioner, Patna.

7. The District Magistrate, Patna.

8. The Senior Superintendent of Police, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the P.M.C.

Mr. Prasoon Sinha, Advocate For the Housing Board :

Mr. Rabindra Kumar Priyadarshi, Advocate For the State :

Mr. Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 09-04-2018 The petition has been filed in public interest and the grievance of the petitioner is with regard to housing problem in the city of Patna and allegations are with regard to the housings and building not properly maintained by the Housing Board.

Keeping in view the nature of allegations made in the writ petition and considering the counter affidavit filed by Respondent No. 4 The Chairman cum Managing Director of the

Patna High Court CWJC No.13200 of 2016 dt.09-04-2018 2/2 Bihar State Housing Board, we are not inclined to take cognizance of the matter and interfere in a Public Interest Litigation.

The issue involved is a policy matter administrative and executive in nature between the State Government and various authorities of the Board and it is not appropriate for this Court to take up the issue exercising its extraordinary jurisdiction in a petition under Article 226 of the Constitution. Granting liberty to the petitioner to take up the issue with the officers of the administrative authorities of the State, we dispose of the writ petition.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 11.04.2018 Transmission Date