SRIKANT SINGH Vs. PATNA MUNICIPAL CORPORATION

JUDGEMENT

(1.) This writ application has been preferred seeking a writ in the nature of Mandamus commanding the respondent authorities to grant permission for the restoration of the grill as well as Semi glazed partition, transparent shelf of the petitioner which have been allegedly demolished by the respondent authorities.

(2.) It is the case of the petitioner that vide Letter No. 1456 dated 28.05.2002 as contained in Annexure '1' to the writ application, the then Estate Officer, Patna Regional Development Authority (hereinafter referred to as the 'PRDA') had granted permission to the petitioner to maintain the Park situated in front of Vasant Vihar shop in the premises of Maurya Lok Complex. The permission was granted to the petitioner to maintain the Park on his own cost. The petitioner was, however, permitted to sale plants and related materials on no profit-no loss basis in order to keep the environment free from pollution. It was, specifically provided as a condition in the permission letter that the petitioner shall not indulge in any commercial activities for monetary gain and for that purpose the Park shall not be used. In terms of Clause '6' of the permission letter, the then 'PRDA' had reserved it's right to withdraw the maintenance work from the petitioner by giving him one month prior notice. The petitioner was, however, permitted to put the signboard of his organization in the Park upon approval of the 'PRDA'.

(3.) In the writ application, the petitioner claims that he had sought permission from the Executive Engineer, PRDA for putting a semi glazed partition and transparent shelf as well as to raise height of grill in order to keep safe the flowers and the plants as also to save them from the sunburn. By Annexure- '3' to the writ application vide Letter No. 2345 dated 27.10.2003 the petitioner was permitted to put grills temporarily under the guidance of the Executive Enginer (Incharge of Maurya Lok). It was further stated in Annexure '3' that the 'PRDA' may remove grill without any notice.