Petitioner sought permission to withdraw the writ application to approach the statutory Tribunal. Court permitted withdrawal on counsel's prayer, allowing the application to be dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4944 of 2014
====================================================== 1. Sarvodaya Construction And Development Pvt. Ltd., Through Its Managing Director, Devendra Narayan Singh Son Of Late Basudeo Prasad Singh, Resident Of 5/501, Block-B, Om Nirmalaya Apartment, Nageshwar Colony, P.S. Budha Colony, District Patna. .... .... Petitioner/s Versus 1. Patna Municipal Corporation, Patna Through Its Municipal Commissioner, P.M.C. Mourya Lok, Patna 2. Municipal Commissioner, Patna Municipal Corporation, Mourya Lok, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar For the Respondent/s : Mr. Hargovind Singh Himkar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 01-04-2014 Mr. Madhuresh Prasad for the petitioner and Mr. Hargovind Singh Himkar for the respondent Patna Municipal Corporation (for short “ the Corporation”) are present.
The present application is directed against the order dated 18.2.2014 passed by the Respondent Municipal
Commissioner of the Corporation in Vigilance Case No. 114A/2013.
Mr. Prasad states that now since the Tribunal has been made functional where the matter can be agitated even in respect of the claim of the petitioner that the objections raised by the respondents are within condonable limits under Section 317 of the Bihar Municipal Act read with Appendix-L of the Building
Patna High Court CWJC No.4944 of 2014 (2) dt.01-04-2014
2
Bye-Laws and as such, he would seek permission of the Court to withdraw the application in order to seek remedy before the Tribunal constituted under Section 329 of the Act. In fact, the petitioner has already filed an appeal against the impugned order. Mr. Himkar, learned counsel for the Corporation, considering the said stand of the petitioner, does not object to said prayer of the petitioner.
The application, as prayed, is dismissed as
withdrawn.
(Kishore Kumar Mandal, J)
Pankaj/-
Sarvodaya Construction And Development Pvt. Ltd.
Patna Municipal Corporation
Kishore Kumar Mandal
As recorded by the court registry
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