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2022 Supreme(Pat) 720

ASHWANI KUMAR SINGH, SHAILENDRA SINGH
Kumar Sanjeet – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Gajendra Pratap Singh.
For the Resp.-PMC : Mr. Prasoon Sinha.

Ashwani Kumar Singh, J.—In the present application, the petitioner has prayed for quashing of the order dated 27.06.2022 issued under the signature of the Deputy Municipal Commissioner, Patna Municipal Corporation (for short ‘PMC’) under the order of Municipal Commissioner, PMC, as contained in Annexure-1 ‘E’ of the writ petition whereby in view of the recommendation made by Sri Rabindra Prasad, the Chief Town Engineer, the administrative approval granted for the scheme, namely, ‘Construction of Chamber Leakage (Drain) near MIG-129 and both sides of House No. U-469’ has been cancelled.

2. The admitted facts of the present case are as under:—

(i) The petitioner is an Ex-ward Councillor of the PMC from Ward No.34.

(ii) In the 22nd General Meeting of the Board of Councillor, (which is the apex body of the PMC) convened on 05.06.2021, it was proposed that each Councillor can select scheme/schemes upto one crore on priority basis for promoting development works in his ward. The said proposal was approved by the Board of Councillor vide Proposal No.215 and an order in this regard was passed by the Municipal Commissioner, PMC vide Letter No.10740 dated 18.07.2021.

(iii) The petitioner being t

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