NARENDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The hours, if not days, that have been spent in this writ petition by the High Court could have been utilized in disposal of thousand of matters which are pending for decades together. It became a luxury of one citizen, who thought of taking the institution for a ride. The extent to which the case has kept the Court busy can easily be gazed from the fact that the orders that have been passed so far run into about 200 pages and it was heard as many as on 63 occasions. The most unfortunate part of the matter is that the learned counsel for the petitioner by name Sri Vitesh Kumar Singh has the courtesy to inform the Court that he is not ready to argue the matter today. This, at a time, when the first appeals that were filed way back in the year 1970, and the criminal appeals filed in the year 1992, are waiting their turn for hearing. Every effort made by us to convince the learned counsel to proceed with the matter did not fructify and left with no alternative, we have gone through the record and propose to deal with the matter, lest it consumes further time and energy of the Court.

(2.) The petitioner came across the construction of a building on the land in Khata No.83, Khesra No.1151, Thana No.4, situated in Ward No.34, Circle No.246, East Boring Canal Road, of Patna Municipal Corporation. Feeling that the building cannot be constructed at that place, having regard to the details of master plan and other aspects, he submitted a representation dated 30th January, 2013 (Annexure-3) to the Commissioner, Patna Regional Development Authority, Patna. The said organization is said to have been merged with the Patna Municipal Corporation. To a query made by him, the concerned authority gave an answer to the effect that the land is part of a master plan, wherein a road of 60 ft. wide is provided and that in case, adequate set back is furnished, the building can be constructed there.

(3.) Not satisfied with that, the petitioner initiated this public interest litigation, with a prayer to call for a report from the authorities of the Patna Municipal Corporation, as to why they are allowing the private individuals i.e. respondents 8 and 9 to make illegal constructions of multi storied building, in the land referred to above, in spite of his repeated representations.