Gopal Kumar vs The State Of Bihar
2023 Latest Caselaw 5241 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.17059 of 2021
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Gopal Kumar Son of Late Ram Chandra Singh Resident of House No.110, Indira Nagar, North of Anand Puri Nala, Rajapur, P.S. Patliputra, District- Patna, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Department of Urban Development, Government of Bihar, Patna.

2. The District Magistrate cum Collector, District Patna, Bihar.

3. The Municipal Commissioner, Patna Municipal Corporation, Patna, Bihar.

4. The Vigilance Officer, Patna Municipal Corporation, Patna, Bihar.

5. The Executive Engineer, Patliputra Division, Patna Municipal Corporation, Patna, Bihar.

6. The Officer Incharge, Patliputra P.S., District Patna, Bihar.

7. Shri Shiv Chandra Singh Son of Late Ram Chandra Singh Resident of House No.110, Indira Nagar, North of Anand Puri Nala, Rajapur, P.S. Patliputra, District Patna, Bihar.

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

For the Petitioner/s : Mr. Awadesh Kumar, Advocate For the Respondent/s : Mr. Indeshwari Prasad Mandal, AC to GA-3 For the PMC : Mr. Sanjay Prakash Verma, Advocate For Resp. no. 7 : Mr. Sanjeev Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 10-10-2023

Heard Mr. Awadesh Kumar, learned counsel appearing

on behalf of the petitioner and Mr. Sanjay Prakash Verma, learned

counsel for the Patna Municipal Corporation. The State is

represented by Mr. Indeshwari Prasad Mandal, Mr. Sanjeev Kumar

Singh, learned counsel for the respondent no. 7.

2. The petitioner on being aggrieved by the order dated

16.08.2021 passed by the Municipal Commissioner, Patna

Municipal Corporation in Vigilance Case No. 03B of 2020,

preferred the present writ petition seeking quashing of the same

primarily on the ground that the impugned order has been passed Patna High Court CWJC No.17059 of 2021 dt.10-10-2023

on the basis of a document (map plan), which is admittedly non-

existent. He further submits that the site inspection has been done

behind the back of the petitioner on the basis of which the

impugned order came to be passed and thus on this score also the

impugned order is illegal.

3. The subject matter of the writ petition is a residential

premises identified as House No. 110, Indira Nagar, North of

Anand Puri Nala which is being co-habited by the petitioner and

the private respondent no. 7. It has been made clear that the

respondent no. 7, who is also a co-sharer with the petitioner, filed a

complaint before the Municipal Commissioner on 16.07.2019,

alleging violation of the approved/sanctioned map and submitted

that entire construction is illegal. Both the petitioner and

respondent no. 7 were a party before the Municipal Commissioner

in Vigilance case no. 03B of 2020, wherein after giving proper

opportunity of hearing, the order came to be passed on 16.08.2021

which is impugned hearing.

4. Mr. Verma, learned counsel for the PMC, at the outset

submits that since the petitioner has efficacious alternative remedy

as provided under Section 323(3) of the Bihar Municipal Act,

2007, thus, he should approach before the Building Municipal

Tribunal in terms of the aforesaid provision.

5. After some arguments, learned counsel for the

petitioner seeks permission to withdraw the present writ petition Patna High Court CWJC No.17059 of 2021 dt.10-10-2023

with a liberty to approach before the Bihar Building Municipal

Tribunal preferably within a period of four (4) weeks.

6. It is needless to observe that by the time, till four

weeks, no further action shall be taken in furtherance of the order

dated 16.08.2021 passed by the Municipal Commissioner in

Vigilance Case No. 03B of 2020.

7. At this stage, learned counsel for the petitioner

submits that since the petitioner has been pursuing his remedy

before this Court soon after the order having been passed by

Municipal Commissioner thus, he prays for condonation of delay

in preferring the appeal as provided under Section 323(3) of the

Bihar Municipal Act, 2007.

8. Having considered the submissions and taking note of

the fact that the petitioner was pursuing his remedy bonafidely

before this Court, thus this Court directs the Bihar Municipal

Building Tribunal to consider this aspect of the matter also while

hearing the petition for condonation of delay.

9. Accordingly, the present writ petition stands disposed

of.

(Harish Kumar, J) shoaib/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.10.2023.
Transmission Date       NA