Research › Search › Judgment

Patna High Court · body

2009 DIGILAW 1159 (PAT)

Ram Suresh Singh v. Patna Municipal Cor

2009-08-27

AJAY KUMAR TRIPATHI

body2009
JUDGEMENT 1. Heard counsel for the parties. 2. Petitioner filed the writ application for a direction upon the respondent Patna Municipal Corporation to enforce the earlier order passed on 28.12.2006 with regard to Vigilance Case No.41B/03, which was a case lodged by the petitioner Ram Suresh Singh against one Shri Uma Shankar Singh. The issue was encroachment of illegal kind made by the said Shri Uma Shankar Singh. Petitioners stand is that despite a categorical order having been recorded almost three years ago the same has only remained in paper and the violators of the law are being allowed to enjoy their misconduct with due impunity. 3. The matter was passed over yesterday seeking a response from the respondents as to why they have been indifferent in executing or enforcing the order passed in statutory capacity. Learned counsel representing the Patna Municipal Corporation informs the Court that there has been some practical difficulty because there are large number of orders which are required to be enforced and there is no enough or adequate force and manpower to enforce it but after the matter has been brought to his notice by way of the paper publication notices are going to be issued afresh to all to remove the encroachment and thereafter action is going to be taken. The court is informed that it is likely to take about a week or two in this regard. 4. With a categorical statement having been made before this Court and the will of the respondents to now enforce the orders, no specific direction is required. The Court only hopes that the statement made at the Bar is not for disposal of the matter but for enforcement of the orders passed against the violators. 5. The writ application stands disposed of with above observations.