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2022 Supreme(Pat) 730

ASHWANI KUMAR SINGH, ANSHUMAN
Manoj Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Ms. Mayuri.
For the Respondents: Mr. Abbas Haider.
For the PMC : Mr. Prasoon Sinha.

Ashwani Kumar Singh, J.—The grievance of the petitioners who are the Members of the Empowered Standing Committee to the Patna Municipal Corporation (for shot ‘PMC’) is that the letter dated 01.04.2021 (Annexure-2) granting permission for construction of ‘Nagar Vikas Bhawan’ on 1.5 acre land owned by the PMC was issued by the then Municipal Commissioner without taking the consent of the Empowered Standing Committee of the PMC who could have legally granted the permission to construct the aforesaid building on the land in question. The further grievance of the petitioners is that vide Memo No. 34 dated 05.01.2022 (Annexure-4) i.e. much after the filing of the instant writ application on 23.07.2021, a tender has been published for the construction of ‘Nagar Vikas Bhawan’ by the respondentauthorities which is illustrative of the fact that the process to start the construction has commenced. Thus, the petitioners have prayed for quashing of the aforesaid Annexure-1 and Annexure- 4 to the present application.

2. The admitted facts of the case are that the Deputy Secretary, Urban Development and Housing Department issued letter no. 1524 dated 31.03.2021 to the PMC stating therein that the

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