The Patna High Court kept the writ application in abeyance pending the disposal of a vigilance case instituted against the respondents. The court directed expeditious disposal of the vigilance case within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3674 of 2023
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Shiva Shanker Sharma S/o Late Mahendra Singh, Resident of Pakka Kuan Lane, Babhantoli, Mahendru, Sampatchak, P.S.- Sultanganj, District- Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Shivam, Advocate For the Respondent/s : Mr. Abbas Haider (Sc6) ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 09-05-2023 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the Patna Municipal Corporation Mr. Prasoon Sinha and learned Senior counsel for the Private Respondent Mr. Tejbahadur Singh assisted by learned Advocate Brishketu Sharan Pandey.
The relief claimed for in the present writ application has been recorded in detail in the order dated 14.03.2023.
Today, when the matter is taken up the learned
Patna High Court CWJC No.3674 of 2023(3) dt.09-05-2023 2/3
counsel for the Patna Municipal Corporation submits that he has received instruction but the same could not be filed, thus seeks time.
Learned counsel for the Municipal Corporation submits that after passing of the order dated 14.03.2023, Vigilance Case No. 14P of 2023 has been instituted based on the complaint of the petitioner in which the private respondent is also impleaded as a party.
Learned counsel for the petitioner submits that notices have been issued and the parties have been directed to file their show-cause to which the learned Senior counsel appearing for the Private Respondent also agrees. Since Vigilance Case No. 14B of 2023 has been instituted, as such, the Court is not inclined to proceed with the writ application as the relief claimed for in the present writ application can be claimed before the Municipal Commissioner, Patna Municipal Corporation by the petitioner.
However, the Court directs that Vigilance Case No. 14P of 2023 is disposed of expeditiously in accordance with law after hearing the parties and preferably within a period of 3 months from the date of receipt production of a copy of this order, if possible.
The Court has not expressed any opinion on merits of
Patna High Court CWJC No.3674 of 2023(3) dt.09-05-2023 3/3
the case and while considering the Vigilance Case No. 14P of 2023, the order dated 14.03.2023, in the present writ application shall not be taken into consideration.
(Satyavrat Verma, J)
GauravSinha/-
U
1 issue framed by the court
Whether the writ application should be kept in abeyance due to the institution of a vigilance case against the respondents.
Shiva Shanker Sharma
The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar
The Commissioner, Patna Municipal Commissioner
Shri Sunil Kumar Gupta
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
