IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10133 of 2022

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Kumar Sanjeet, son of Late Naresh Kumar Sinha, Resident of A-136 Housing,

Near Panch Shiv Mandir, Kankarbagh Colony, P.O.-Lohianagar, P.S.-

Kankarbagh, District - Patna 800020 Bihar.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary Town/Urban

Development and Housing Department, Government of Bihar, New

Secretariat, Patna.

2.

The Chief Municipal Commissioner, Patna Municipal Corporation Office,

Mauryalok Complex, Bailey Road, Patna.

3.

The Patna Municipal Corporation through It’s Secretary, Maurya Lok Office,

Patna.

4.

The Principal Secretary, Town/Urban Development and Housing

Department, Government of Bihar, New Secretariat, Patna.

5.

The Mayor, Patna Municipal Corporation, Patna, Bihar.

6.

The Deputy Municipal Commissioner (Planning), Patna Municipal

Corporation, Patna.

7.

Executive Engineer, (Headquarter) Patna Municipal Corporation.

8.

Executive Engineer, Kankarbagh Division, Patna Municipal Corporation,

Patna.

9.

Junior Engineer, Kankarbagh Division, PMC.

10.

Assistant Engineer, Kankarbagh Division.

11.

The Chief Town Engineer, Patna Municipal Corporation.

... ... Respondents

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Appearance :

For the Petitioner

:

Mr. Gajendra Pratap Singh, Advocate

For the Respondents-PMC:

Mr. Prasoon Sinha, Advocate

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

and

HONOURABLE MR. JUSTICE SHAILENDRA SINGH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)

Date : 20-10-2022

In the present application, the petitioner has prayed

for quashing of the order dated 27.06.2022 issued under the

Patna High Court CWJC No.10133 of 2022 dt.20-10-2022

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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 22^nd 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 the Ward Councillor of

Ward No.34 recommended altogether 13

schemes for development work in Ward No.34.

(iv) One of the schemes out of the aforesaid 13

schemes i.e., Scheme No.1 was named as

Patna High Court CWJC No.10133 of 2022 dt.20-10-2022

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‘Construction of Chamber Leakage (Drain) near

MIG-129 and both sides of House No.U-469’.

The estimated cost of the said scheme was

Rs.6,69,100/-.

(v) The aforesaid 13 schemes recommended by

the petitioner under the One Crore Scheme of

the PMC was approved by the Chief Town

Engineer and a favourable recommendation was

also made by the Chartered Accountant after due

inquiry, as the total estimated cost of the 13

schemes was Rs.99,63,600/- only.

(vi) Accordingly, the Municipal Commissioner,

PMC accorded administrative approval for all

the 13 schemes on 05.11.2011 on the file.

(vii) Thereafter, the Deputy Municipal

Commissioner, PMC vide Letter No.15193 dated

16.11.2011 issued admini