Vinay Kumar v. The State Of Bihar Through Amrit Lal Meena
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4451 of 2024 In Civil Writ Jurisdiction Case No.15590 of 2021 ====================================================== 1.
Vinay Kumar Son of Late Surendra Nath Roy Yadav, Resident of Station Road, Goriyatoli, P.S-Kotwali, District- Patna. 2.
Aakash Gaurav, Son of Uday Kumar, Resident of Station Road, Geriyatoli, P.S- Kotwali, District- Patna.
3.
Kiran Devi, Wife of Uday Kumar, Resident of Station Road, Goriyatoli, P.SKotwali, District- Patna. 4.
Samar Ghosh, Son of Late Ajit Kumar Ghosh, Resident of Ajit Arcade, R.K. Bhattacharya Road, P.S- Gandhi Maidan, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through Amrit Lal Meena Son of not known to the Petitioners, Chief Secretary, Government of Bihar, Patna. 2.
Sri. Abhay Kumar Singh, Son of not known to the Petitioners, The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.
3.
The Patna Municipal Corporation, through Aminesh Prashar, Son of not known to the Petitioners, Municipal Commissioner, Maurya Lok Complex, P.S.- Kotwali, District-Patna.
4.
Sri Aminesh Prashar, Son of not known to the Petitioners, Municipal Commissioner, Patna Municipal Corporation, Maurya Lok Complex, P.SKotwali, District- Patna. 5.
Sri. Ramashish Tiwari, Son of not known to the Petitioners, The City Secretary, Patna Municipal Corporation, Maurya Lok Complex, P.S.- Kotwali, District- Patna.
6.
Sri Mukesh Kumar Singh, Son of not known to the Petitioners, Project Manager, The Sparro Softech Private Limited, P.S.- Kotwali, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinu Kumar, Advocate For the Opposite Party/s :
Mr. Government Advocate 3 For the PMC :
Mr. Prasoon Sinha, Sr. Advocate Mr. Prabhat Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2025 Heard Mr. Dinu Kumar, learned counsel for the petitioner, Mr. Prasoon Sinha, learned Sr. counsel for the Patna
Patna High Court MJC No.4451 of 2024(3) dt.19-09-2025 2/3 Municipal Corporation (for brevity, 'the Corporation') beside the State.
2. The present petition has been preferred for the following relief(s):
"for punishing the opposite parties for knowingly and deliberately violating the order passed on 24.07.2024 passed in CWJC No. 15590 of 2021 in CWJC No. 15590 of 2021."
3. On 24.07.2024, the writ petition was disposed of and the details are available in paragraphs 12 and 13 which read as follows:
"12. The respondent no.2, the Principal Secretary, Urban Development and Housing Department, Bihar, Patna shall specifically answer on:
(i) whether the Patna Municipal Corporation is entitled to the charge the fee effective 20.06.2024, when the gazette notification came and is thus duty bound to adjust the amount so taken from the citizen earlier and/or;
(ii) the stand of the Patna Municipal
Patna High Court MJC No.4451 of 2024(3) dt.19-09-2025 3/3 Corporation that the charge which they started realizing effective from 2018 is justified.
13. The respondent no.2 if required can give hearing to both the petitioner/his counsel as well as the officials of 'the Corporation' whereafter shall come to a conclusion and pass a reasoned order on the subject matter. The decision has to be taken within three months of the presentation of a copy of the order."
4. A show-cause of opposite party no. 2 has come and they have brought on record Annexure-C to show that an order has been passed on 31.03.2025 and the claim stands negated by a reasoned order.
5. In that background, the petitioner has the liberty to challenge the same by filing an appropriate petition.
6. So far as MJC No. 4451 of 2024 is concerned, the same stands disposed of.
(Rajiv Roy, J) Adnan/- U