IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13077 of 2021

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1.

Manoj Kumar S/o Gopal Prasad Jaiswal R/o Kila Road, Patna City, Nagla,

Patna- 800008.

2.

Kaveri Singh W/o Dilip Singh R/o Dhelma, Lohiyanagar, Sampatchak,

Patna- 800020.

... ... Petitioners

Versus

1.

The State of Bihar through the Additional Chief Secretary, Urban

Development Department, Government of Bihar, Patna.

2.

The Urban Development and Housing Department, Government of Bihar

through its Principal Secretary.

3.

The Under Secretary, Urban Development and Housing Department,

Government of Bihar, Patna.

4.

The Patna Municipal Corporation through the Municipal Commissioner.

... ... Respondents

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Appearance :

For the Petitioner/s

:

Ms. Mayuri, Adv.

For the Respondent/s

:

Mr. Abbas Haider (SC-6)

For the PMC

:

Mr. Prasoon Sinha, Adv.

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

and

HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)

Date : 24-06-2022

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

Patna High Court CWJC No.13077 of 2021 dt.24-06-2022

2/21

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 respondent-

authorities 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 Urban Development and Housing Department has expanded

with time and has multiple wings which are all functioning from

different government buildings due to paucity of space.

Therefore, in order to make the functioning convenient, there is

a proposal for construction of ‘Nagar Vikas Bhawan’ in line

Patna High Court CWJC No.13077 of 2021 dt.24-06-2022

3/21

with the Sardar Patel Bhawan which is currently acting as police

Headquarter in the State of Bihar.

3.

In order to facilitate and initiate the aforementioned

construction, the Municipal Commissioner was asked to submit

details regarding the 3.5 acre land situated beside the A.N.

College, Patna belonging to the PMC.

4.

Vide the aforesaid letter dated 31.03.2021, the

Municipal Commissioner was asked to prepare a report

regarding the area of vacant land on the said plot on which the

said construction could be started.

5.

In response to the aforesaid letter dated 31.03.2021,

the PMC vide impugned letter dated 01.04.2021 informed the

Principal Secretary, Urban Development and Housing

Department that out of a total of 3.35 acre land, an area of 1.5

acre is vacant which may be used for construction of ‘Nagar

Vikas Bhawan’.

6.

The aforesaid letter dated 01.04.2021 was issued by

the Municipal Commissioner, PMC without taking the consent

of the Empowered Standing Committee.

7.

Being aggrieved by the unilateral decision taken by

the Municipal Commissioner, PMC, the petitioners filed the

present application before t