Vaibhava Advertising Private ... vs The State Of Bihar
2023 Latest Caselaw 3960 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.3590 of 2023
     ======================================================

Vaibhava Advertising Private Limited through its Authorized Signatory Anand Kumar (male, aged about 38 years), S/o Jai Nandan Prasad, r/o Near Shiv Ji Mandir, P.S. Govindpur, Gandhi Mela, Path Tundi Road, Govindpur, Dhanbad, Jharkhand-828109.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Urban Development and Housing Department, Government of Bihar through its Principal Secretary.

3. The Patna Municipal Corporation through the Municipal Commissioner.

4. The Municipal Commissioner, Patna Municipal Corporation.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Dixit, Advocate.

Ms. Mayuri, Advocate.

For the PMC : Mr. Prasoon Sinha, Advocate. For the Respondent/s : Mr. Naki Haider, AC to SC-9. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 22-08-2023

At the outset, learned counsel for the petitioner

seeks permission to make the Municipal Commissioner as

party respondent no.4 in the matter.

2. Permission is accorded.

3. Heard Mr. Naresh Dixit learned counsel duly

assisted by Ms. Mayuri learned counsel for the petitioner, Mr.

Prasoon Sinha, learned counsel for the respondent Patna

Municipal Corporation and Mr. Naki Haider, learned AC to

SC-9 for the State.

4. The petitioner, who is a Advertising Private Patna High Court CWJC No.3590 of 2023 dt.22-08-2023

Limited company approached before this Court by invoking

the extraordinary writ jurisdiction of this court under Article

226 of the Constitution of India seeking a direction upon the

respondent Patna Municipal Corporation to issue No

Objection Certificate to the petitioner's company so that they

can commence with the project regarding installation of

CCTV cameras for city traffic monitoring and surveillance.

5. In support of his submissions, he drew the

attention of this Court to the order dated 24.11.2021 passed by

the Municipal Commissioner, Patna Municipal Corporation,

suggesting that in the General Meeting dated 15.11.2021, a

decision has been taken to grant 'No Objection Certificate' in

faovour of the petitioner's company. He further submits that

despite the decision having been taken by the Municipal

Corporation in its General Meeting, the Municipal

Commissioner has not come up with the final order to grant

'No Objection Certificate'.

6. At this juncture, learned counsel for the Patna

Municipal Corporation seeks a short adjournment to respond

to the matter.

7. Considering the submissions made on behalf of

the parties and taking note of the nature of the dispute, this Patna High Court CWJC No.3590 of 2023 dt.22-08-2023

Court deems it apt and proper to dispose of the present writ

application with a direction to the newly added respondent

no.4 the Municipal Commissioner, Patna Municipal

Corporation to pass final order in the matter after taking into

consideration the decision taken in the General Meeting dated

15.11.2021 as has been incorporated in the order as contained

in Annexure-8 to the writ petition.

8. Needless to observe that the aforesaid exercise

must be complete within a period of six weeks from the date

of receipt/production of a copy of this order.

9. Accordingly, the present writ application

stands disposed of with the aforesaid direction.

(Harish Kumar, J) manoj/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.08.2022.
Transmission Date       NA