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Patna High Court

Sushila PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed, with liberty granted to the petitioners to approach the court again if desired.

Summary

Petitioners Sushila Prasad and Pushpa Singh filed a writ petition seeking enforcement of an order dated 13‑02‑2014 passed in CWJC No.15504 of 2012. The respondents, including the State of Bihar and various officials, filed an affidavit and the Municipal Commissioner referred the court to an order dated 18‑04‑2019 to demonstrate that a reasoned order had been issued. The court examined the submissions and, without finding a need to intervene further, granted the petitioners liberty to raise the matter again if they wish. Consequently, the petition (MJC No.2982 of 2017) was disposed. No substantive relief was granted.

Issues considered

  • Whether the respondents complied with the order dated 13‑02‑2014 passed in CWJC No.15504 of 2012
  • Whether a reasoned order was passed by the Municipal Commissioner as alleged

Subjects

  • civil writ jurisdiction
  • non‑compliance of order
  • municipal corporation
  • petition disposed
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2982 of 2017
                                                       In
                                 Civil Writ Jurisdiction Case No.15504 of 2012
                 ======================================================
           1.     Sushila Prasad W/o Late Baleshwar Prasad Resident of House No.16,
                  Ashiyana Main Road, P.O. B.V. College, Police Station-Rajeev Nagar,
                  District-Patna
           2.    Pushpa Singh W/o Dr. Ajay Pratap, Resident of Shekhpura Bagicha, P.O.
                 B.V. College, Police Station-Shastri Nagar, District-Patna

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    Vivek Kumar Singh Principal secretary, department of Revenue,
                 Govermnment of Bihar, Patna
           3.    Sri Sanjay Agrawal, the District Magistrate, Patna
           4.    Abhisekh Singh, the Patna Municipal Corporation through its Municipal
                 Commissioner, Patna
           5.    Abhisekh Singh,         the   Municipal   Commissioner,    Patna   Municipal
                 Corporation, Patna
           6.    Bipin Kumar the Vigilance Officer, Patna Municipal Corporation, Patna
           7.    Sri Manu Maharaj, the Senior Superintendent of Police, Patna
           8.    Nihar Bhushan, the Officer Incharge, Shastri Nagar Police Station, Patna
           9.    Anil Kumar, Director, M/S Patliputra Builder Limited 301, Maharaja
                 Kameshwar Complex, Frazer Road, P.S. Kotwali, DFistrict-Patna
           10. Mr. Nagmani, Son of Late Hagdeo Prasad,the Chairman Jyotipuram Sahkari
               Grih Nirman Samiti Limited, Srija Vihar Apartment, Ground Floor, Block-B,
               Aashiyana Nagar, Phase-ii, P.S. rajeev Nagar, District-Patna
           11. Mr. Rajendra Prasad Son of Late Kaiulashpati Prasad, the Secretary,
               Jyotipuram Sahkari Grih Nirman Samiti Limited, Srija Vihar Apartment,
               Ground Floor, Block-b, Aashiyana Nagar, Phase-II, Police Station-Rajeev
               Nagar, District-Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Khurshid Alam, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   09-04-2026                  Heard the parties.

                                2. The present petition has been preferred for the
          Patna High Court MJC No.2982 of 2017(7) dt.09-04-2026
                                                      2/2




                    following relief(s):

                                                 “for non compliance of the order dated

                                    13.02.2014 passed in CWJC No. 15504 of 2012.”

                                 3. The opposite parties have filed an affidavit and

                    learned counsel for the Municipal Commissioner, Patna has

                    taken this Court to the order dated 18.04.2019 to show that a

                    reasoned order has been passed.

                                 4. Granting liberty to the petitioner to agitate the

                    matter if he so wants, MJC No. 2982 of 2017 stands disposed

                    of.



                                                   (Rajiv Roy, J)
Adnan/-

U


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