IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3558 of 2011 CHANDRA BHUSHAN SINGH & ORS . Versus THE STATE OF BIHAR & ORS . For the Petitioners:- Mr. Basant Kumar Choudhary, Sr. Advocate For the Corporation:- Mr. Sanjau Prakash Verms, Advocate ----------- 02. 04.03.2011 Learned counsel for the petitioners submits that in pursuance of Cabinet approval a lease for only 05 kathas of lands has been granted to respondent no.5. Contrary to the same, the Patna Municipal Corporation has sanctioned construction over an area of 11 kathas in excess of the leased area. The construction over the excess area is disturbing the drainage and approach road of the respondents. The petitioners have represented to the District Magistrate and the Municipal Commissioner on 4.1.2011 and 12.1.2011 vide Annexures 4 and 5 notwithstanding which they were not considering the representations, even while construction continues. If what the petitioner contends is correct, and the District Magistrate as also the Municipal Commissioner have declined to consider the grievance of a citizen, as distinct from whether they would find justification in the grievance or not, it is a very serious matter. In a civil society governed by the rule of law, if a citizen makes a grievance, Government functionaries 2 are duty bound to enquire it. If they refuse to do so, serious questions may arise which the Court refrains from making any observations at this stage. The District Magistrate is therefore directed to register a Miscellaneous case upon the present order being presented before him. He shall issue notice to the Municipal Commissioner, Patna and to respondent no.5 and then proceed to adjudicate the matter and pass final orders within a maximum period of one month from the date of receipt/production of a copy of this order before him. If the petitioners seek any interim relief so that irretrievable and irreparable situation is not created on the lands in question and foundation for equitable claims are not laid at a later stage, the District Magistrate shall be obliged after hearing the parties to pass appropriate interim orders within a maximum period of 72 hours from the date of receipt and/or presentation of such application for interim relief. Insofar as the Patna Municipal Corporation is concerned, suffice it to observe that the order has been passed in presence of the counsel for the Municipal Corporation and therefore the Corporation is well aware of the nature of its duty to assist the 3 District Magistrate rather than to obstruct proceeding before him on technicalities. The application stands disposed with the aforesaid observations. P.K. ( Navin Sinha, J.)