Petitioner sought quashing of a stay order issued upon issuance of a show-cause notice under the Bihar Municipal Act. The Court declined to interfere as no jurisdictional flaw or malafide was shown, but directed expedite disposal.
Application dismissed; Municipal Commissioner directed to dispose of petitioner's response expeditiously.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10003 of 2023
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Aradhnahomes Private Limited having its registered office at House No. 02, Aashray, 2nd floor, New Punaichak, Off Boring Canal Road West, Patna represented by its Director Anand Mohan Singh (Age 49 years, Sex Male), Son of Lalit Mohan Singh, Resident of House No. 141, Road No. 13, Patel Nagar, Hatia, District- Ranchi, Jharkhand.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Kanchan Jha, Advocate Mr. Narendra Kumar, Advocate For the Respondent/s : Mr. Subhash Prasad Singh, GA-3 Mr. Dilip Kumar, AC to GA-3 For PMC : Mr. Prasoon Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT
Date : 05-09-2023
Heard Mr. Narendra Kumar, learned counsel appearing on behalf of the petitioner. The State is represented by Mr. Subhash Prasad Singh, learned GA-3. Learned counsel for the Patna Municipal Corporation is also present.
Indian Companies Act approached before this Court seeking quashing of the order/notice dated 18.04.2023 issued by the Respondent No. 2 in Misc. Case No. 02 of 2023 (Annexure-12)
Patna High Court CWJC No.10003 of 2023 dt.05-09-2023 2/5
whereby the ongoing construction has been stayed without any enquiry and statute.
Patna High Court CWJC No.10003 of 2023 dt.05-09-2023 3/5
the petitioner is restrained from further construction in terms of Section 319 (3) of the Bihar Municipal Act, 2007.
“31. Normally, the writ court should not interfere at the stage of issuance of show-cause notice by the authorities. In such a case, the
Patna High Court CWJC No.10003 of 2023 dt.05-09-2023
4/5
parties get ample opportunity to put forth their contentions before the authorities concerned and to satisfy the authorities concerned about the absence of case for proceeding against the person against whom the show-cause notices have been issued. Abstinence from interference at the stage of issuance of show-cause notice in order to relegate the parties to the proceedings before the authorities concerned is the normal rule. However, the said rule is not without exceptions. Where a show-cause notice is issued either without jurisdiction or in an abuse of process of law, certainly in that case, the writ court would not hesitate to interfere even at the stage of issuance of showcause notice. The interference at the show-cause notice stage should be rare and not in a routine manner. Mere assertion by the writ petitioner that notice was without jurisdiction and/or abuse of process of law would not suffice. It should be prima facie established to be so. Where factual adjudication would be necessary, interference is ruled out.”
Patna High Court CWJC No.10003 of 2023 dt.05-09-2023 5/5
(Harish Kumar, J)
shivank/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 08.09.2023. |
| Transmission Date | NA |
1 issue framed by the court
Whether the writ court should interfere at the stage of issuance of the show-cause notice.
Colour shows how this judgement treated each authority
Union of India and Another vs. Vicco LaboratoriesReferred¶29
Union of India and Another Vs. Vicco Laboratories 2007 (13) SCC 270 · Who else cites this
1 provisions across 1 enactments
Aradhnahomes Private Limited
State of Bihar
Town Commissioner, Patna Municipal Corporation
Smt. Phulpati Devi
Sushil Kumar
Shambhu Kumar
Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
