Ramanuj Sharma vs The Principal Secretary
2023 Latest Caselaw 4092 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4672 of 2023
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Ramanuj Sharma S/o Late Basudeo Sharma, Resident of Village- Dohiya, P.S.- Paras Bigha, District- Jehanabad.

... ... Petitioner/s Versus

1. The Principal Secretary, Urban Development and Housing Dept. (Govt. of Bihar).

2. The District Magistrate, Jehanabad.

3. The Executive Officer cum Administrative Officer, Nagar Parisad, Jehanabad.

4. Mustari Khatoon @ Chanda Praveen, D/o Late Aftab Alam, R/o Mohalla-

Jagarganj Ward No. 32, P.S.- Jehanabad, District- Jehanabad.

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Respondent/s : Mr. Sayid Hussain Majid, Advocate For the Nagar Parishad : Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 28-08-2023

Heard Mr. Sanjay Kumar Sharma, learned counsel

appearing on behalf of the petitioner and Mr. Ashok Kumar,

learned counsel representing the Nagar Parishad, Jehanabad.

2. The petitioner, who is the resident of the locality

where the alleged illegal construction has been made,

approached before this Court seeking a direction upon the

respondent no. 3 to take appropriate action against the

respondent no. 4 in pursuance of the notice issued by the

respondent no. 3 and take it to its logical conclusion in view of Patna High Court CWJC No.4672 of 2023 dt.28-08-2023

Sections 313 and 314 of the Bihar Municipal Act, 2007 and the

bye-laws made therein.

3. Having gone through the materials available on

record, prima facie, this Court finds no locus of the petitioner in

the prerogative writ jurisdiction seeking a direction against the

respondent no. 4 for disposal of her case, which has already

been initiated and the matter is sub judice before the Executive

Officer - cum - Administrative Officer, Nagar Parishad,

Jehanabad, who after making proper inspection has already

issued notice to the respondent no. 4, with a direction to submit

a reply.

4. It is further submitted on behalf of the petitioner

that though, time for filing the reply, as has been allowed to the

respondent no. 4, has already come to an end much earlier and

the matter is pending since one year, but till date it has not come

to its logical conclusion.

5. Considering the nature of the relief prayed for by

the petitioner, who is acting as a busybody, this Court is not

persuaded to interfere in the matter. The petitioner is at liberty to

raise his grievance before the appropriate forum.

6. Accordingly, the present writ application stands

dismissed with the aforesaid liberty.

Patna High Court CWJC No.4672 of 2023 dt.28-08-2023

7. Mr. Sayid Hussain Majid, learned counsel for the

State is present.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          29.08.2023.
Transmission Date       NA