IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1621 of 2011 In Civil Writ Jurisdiction Case No. 11010 of 2009 ====================================================== Vijay Kumar, Son of Late Sukrit Narayan Singh, Secretary, Shivam Vihar-I, Flat Owners Society, Residing in Flat No. 403, Shivam Vihar-I, Apartment Kanti Factory Road, Mahatma Gandhi Nagar, P.S. Agamkuan, Town & District Patna-800026. .... Petitioner .... Appellants Versus 1. The State of Bihar through the Principal Secretary Urban Development Department, Govt. of Bihar Patna. 2. The Principal Secretary, Urban Development Deptt. Govt. of Bihar, Patna. 3. The Patna Municipal Corporation (Dissolved PRDA) through its Commissioner "B" Block, Maurya Lok Complex, P.S. Kotwali, Town & Distt-Patna-800001. 4. The Municipal Commissioner, Patna Municipal Corporation (Dissolved P.R.D.A) Competent Authority Under Bihar Department Ownership Act 2006, Maurya Lok, Patna – 800001. 5. Thakur Mithilesh Kumar Singh Son of Late Thakur Awadh Nandan Singh, Residing in Flat No. 201, 202 & 104 Shivam Vihar-1 Apartment, Kanti Factory Road Mahatma Gandhi Nagar, Patna - 800026 6. Smt. Rambha Singh, W/O Thakur Mithilesh Kumar Singh, Residing in Flat No. 201, 202 & 104 Shivam Vihar-1 Apartment, Kanti Factory Road, Mahatma Gandhi Nagar, Patna - 800026 7. Vidya Sagar Singh, Son of not known Residing in Flat No. 103, Shivam Vihar I Apartment, Kanti Factory Road Mahatma Gandhi Nagar, Patna – 800026. .... Respondents.... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Madan Prasad Singh, Advocate For the Respondent Patna Municipal Corporation : Mr. Vishwa Bibhuti Kumar Singh, Advocate For the Respondent State : Mr. Sanjeev Kumar Mishra, A.C. to S.C.-8 ====================================================== Patna High Court LPA No.1621 of 2011 (2) dt.09-11-2011 2 / 3 2 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 09-11-2011 Feeling aggrieved by the order dated 19th September 2011 made by the learned single Judge in above CWJC No. 11010 of 2009, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The appellant is the Secretary of concerned Housing Society. The appellant claims that the Municipal Commissioner may be directed to recover the amount of maintenance from the defaulting flat owners. A further relief has been sought against the State Government to amend the Bihar Apartment Ownership Act, 2006 and the rules made thereunder to empower the Housing Society to recover the maintenance from the defaulting flat owners. Learned Advocate Mr. Madan Prasad Singh has appeared for the appellant. He has relied upon Section 32 of the Bihar Apartment Ownership Act, 2006 to submit that under the said Section 32 the Municipal Commissioner is obliged to recover the outstanding amount of maintenance from the unit owners in default. In our view, neither of the reliefs prayed for by the appellant can be granted in exercise of the powers conferred under Patna High Court LPA No.1621 of 2011 (2) dt.09-11-2011 3 / 3 3 Article 226 of the Constitution. Learned single Judge has rightly rejected the writ petition. No case for interference is made out. Appeal is dismissed in limine. B. TiwaryAnjani /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)