Petitioner sought directions to Patna Municipal Corporation to dispose of vigilance cases concerning illegal construction by private respondents and to stop ongoing construction. The Court held the petitioner had remedies before the Municipal Commissioner and under the Bihar Municipal Act and declined to interfere.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6400 of 2023
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Smt. Sumitra Devi (Female), aged about 75 years, W/o Ramniwas Agarwal, R/o Goinka Sadan, Guru Govind Path, Jhuganj, Patna City, Near Marwari High School, Ranipur Milki Chak, Patna, District-Patna, PIN Code-800008
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.J ai Ram Singh, Advocate For the PMC : Mr. Prabhat Kumar, Advocate For respondent nos.4 to 8: Mr. Ranjan Kr. Srivastava, Advocate Mr. Shashwat Srivastava, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 11-12-2023
Heard Mr. Jai Ram Singh, learned counsel appearing
on behalf of the petitioner; Mr. Prabhat Kumar, learned counsel for the PMC and Mr. Ranjan Kr. Srivastava along side Mr. Shashwat Srivastava, learned counsels appearing on behalf of
Patna High Court CWJC No.6400 of 2023 dt.11-12-2023 2/3
the respondent nos.4 to 8.
reliefs:-
(I) For directing to the Learned Municipal Commissioner, Patna Municipal Corporation (hereby referred as Corporation) to early dispose the complain case vide Vigilance Case No.62B/2022 and Vigilance case no.63B/2022 initiated under the provision of 323 of Bihar Municipal Act 2007 against the Respondent No.4 to 9, who are disobeying the order of issued by ld. Municipal Commissioner on 25.11.2022. The ld. Municipal Commissioner has ordered to stop the construction under Section 324 of Bihar Municipal Act 2007.
(II) Direction to Respondent no.3 to make efforts to stop the construction going on /continuing by respondent no.4-9 on the property/building is issue on which the vigilance case is sub judice/pending before Ld. Municipal Commissioner of the corporation.
Patna High Court CWJC No.6400 of 2023 dt.11-12-2023 3/3
accordingly, the writ petition is disposed of.
(Purnendu Singh, J)
Sanjay/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 14.12.2023 |
| Transmission Date | NA |
1 issue framed by the court
Whether the writ court should direct the Municipal Commissioner to dispose of vigilance cases under the Bihar Municipal Act against alleged illegal construction and stop ongoing construction.
2 provisions across 1 enactments
Smt. Sumitra Devi
The Patna Municipal Corporation through the Municipal Commissioner
The Municipal Commissioner, Patna Municipal Corporation
The Officer Incharge, Kankajakala Police Station
Md. Afsar Imam
Md. Ashif Imam
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
