IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15644 of 2011 ====================================================== Smt.Suman Kumari Sinha, Wife of Shri Dhananjay Kumar, resident of village – Chistipur, P.S. – Chandi, District – Nalanda, at present residing at Adarsh Nagar, Bhootnath Road, P.O. Bhootnath, P.S. Agamkuan, Town and District – Patna. .... .... Petitioner/s Versus 1. The State of Bihar, through the Principal Secretary, Urban Development Department, Government of Bihar, Nirman Bhawan Secretariat, Bailey Road, Patna. 2. The Administrator, Patna Municipal Corporation, Maurya Lok Complex, Dak Bunglow Road, Patna. 3. The Vigilance Officer, Patna Municipal Corporation, Maurya Lok Complex, Dak Bungalow Road, Patna. .... .... Respondent/s ====================================================== 02/ 03-11-2011 Counsels for the petitioner and Patna Municipal Corporation as well as for the State are present. The petitioner is aggrieved by order dated 20.10.2006/09.11.2006 and the consequential order dated 29.07.2011 contained in letter No. 450 issued by Patna Municipal Corporation. Counsel for the petitioner submits that the order dated 20.10.2006/09.11.2006 has been passed by the then Vice-chairman of P.R.D.A., whereas consequential order dated 29.07.2011 has been passed by the Vigilance Officer. Patna Municipal Commissioner has now stepped in place of Vice-Chairman of P.R.D.A. in view of provisions of Municipal Act, 2007. The Municipal Act provides for statutory Patna High Court CWJC No.15644 of 2011 (2) dt.03-11-2011 2 / 2 2 appeal under Section 323(4) against the order of Municipal Commissioner. As the Municipal Commissioner is the successor of erstwhile Vice-Chairman of P.R.D.A., appeal against the demolition order of Vice-Chairman of P.R.D.A. is appealable under Section 323(4). The petitioner should file appeal before the appellate forum. With the aforesaid liberty, this application is disposed of. Status quo as of today would be maintained for two weeks to enable the petitioner to file statutory appeal. DKS/ (Samarendra Pratap Singh, J)