KUMAR SANJEET Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present application, the petitioner has prayed for quashing of the order dtd. 27/6/2022 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:-

(3.) Assailing the impugned order, Mr. Gajendra Partap Singh, learned counsel for the petitioner submitted that the petitioner is a resident of Ward No.34. He was thrice elected as its representative. He is keenly interested in development work at Ward No.34. The PMC had allocated rupees one crore to each of the Ward Councillor for undertaking development work within his ward for the benefit of public at large. In this regard, the petitioner made recommendation for altogether 13 projects to the Mayor of PMC, which got her administrative approval as well as the approval of the Board of Councillor. After getting the administrative approval, E-Notice Inviting Tender was issued and, accordingly, works were allotted to the successful bidders. However, impugned order was passed arbitrarily and in contravention of the law by the Chief Municipal Commissioner of PMC, who had no authority to override the decision taken by the Board of Councillor. He submitted that the impugned order cancelling the execution of the scheme in question was passed on the ground that Plot No. U-469 seems to be disputed, as the complainant had taken a plea that the existing sewerage line passes through Plot No. U-469 and construction to divert the same sewerage line without any valid ground will amount to misuse of the funds of the Corporation.