Dismissed

Brij Bilas Tiwary v. Patna Municipal Corporation and Anr.

Patna HC4 May 2015CWJC/15073/2014

Case brief

AI extract

What is this about?

Writ petition seeking direction for inspection of buildings on patna municipal land. Court dismissed the request, directing the petitioner to file a representation to the Corporation instead of seeking court intervention. Contempt application barred.

What did the court decide?

None; the writ application was disposed of leaving the petitioner to file a representation before the Corporation.

Brij Bilas Tiwary Vs Patna Municipal Corporation and… — Writ and Judicial Review | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.15073 of 2014

¶3

====================================================== 1. Brij Bilas Tiwary Son of Fekan Tiwary resident of Parmeshwar Lane, P.S.: Kadamkuan, District: Patna, at present residing at Kasturba Gandhi Path, Boring Road, P.S.: S.K. Puri, District: Patna .... .... Petitioner/s Versus 1. Patna Municipal Corporation, Maurya Lok Complex, Dak Bunglow Road, P.S.: Kotwali, District: Patna through its Commissioner 2. The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok Complex, Dak Bunglow Road, P.S.: Kotwali, District: Patna

¶4

.... .... Respondent/s

¶5

======================================================

¶6

Appearance : For the Petitioner/s : Mr. N.K. Malhotra,Sr.Adv &Mr.Binod Kr. Sinha For the Respondent no.1 : Mr. Prasoon Sinha, ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

¶7

and

¶8

HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 04-05-2015 The petitioner seeks direction to the respondents to cause an inspection of the buildings constructed on the private land as well as the land leased by the erstwhile P.R.D.A. in the city of Patna and take action vis-à-vis deviations. It is stated that a representation has been made on 25-7-2014(Annexure-1/A) and no action has been taken thereof.

¶9

Heard learned counsel for the petitioner and learned counsel for the Patna Municipal Corporation.

¶10

If one closely reads the writ petition, it becomes clear

¶11

Patna High Court CWJC No.15073 of 2014 (2) dt.04-05-2015

¶12

2 / 2

¶13

that the petitioner was aware of the fact that the Corporation and other authorities have initiated steps against the owners or agents that have deviated from the action plans. However, the grievance of the petitioner is that the respondents have discriminated in this behalf. He did not mention any instance where the said deviation is said to have taken place.

¶14

Under these circumstances, we find it difficult to accede to the request of the petitioner. At the same time, in case the petitioner is of the view that any building is constructed violating the provision of law, he can certainly bring it to the notice of the Corporation by submitting a representation furnishing such information.

¶15

This writ application is accordingly disposed of, leaving it open to the petitioner to file representation before the Corporation and the latter shall take necessary steps in accordance with law. We make it clear that the petitioner will not be entitled to file contempt application alleging violation of this order.

¶16

(L. Narasimha Reddy,CJ)

¶17

B.Roy/-

¶18

(Sudhir Singh, J)

¶19

Brij Bilas Tiwary v. Patna Municipal Corporation and Anr.

Case brief

What is this about?

What did the court decide?

Brij Bilas Tiwary v. Patna Municipal Corporation and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bajrangi Yadav Vs the State of Bihar

Ashok Kumar Sinha Vs The State Of Bihar and Ors.

Dr. Mrs. Kanchan Sinha and Anr. Vs The State Of Bihar and Ors.

Ayodhya Prasad Vs The State Of Bihar and Ors.

Pankaj Kumar Jaiswal Vs The State Of Bihar and Ors.

Rajendra Paswan Vs The State Of Bihar and Ors.