IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13558 of 2010 1. D A V PUBLIC SCHOOL,ANISABAD THROUGH PRINCIPAL SADHANA BHARDWAJ W/O SURESH KUMAR BHARDWAJ R/O 29, HARDING ROAD, P.S.SACHIVALAYA, DISTT-PATNA Versus 1. THE STATE OF BIHAR , THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPORATION MAURYA LOK COMPLEX, PATNA 4. THE DISTRICT MAGISTRATE PATNA 5. THE MANAGING DIRECTOR, BIHAR URBAN INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. 303, 3RD FLOOR, MAURYA TOWER, MAURYA COMPLEX, BUDHA MARG, PATNA ----------- 2. 7.12.2010 Heard learned counsel for the petitioner, for the State and for the Patna Municipal Corporation. It is not considered necessary to issue notice to respondent no. 5 at this stage in view of the nature of the order where the interest of parties to the litigation is adequately protected as directions are being issued for appropriate consideration of matters by respondent no.2. The D.A.V. Public School, the petitioner herein contends that it proposes to construct a primary school building in the lands of the Arakchhi Karamchari Gan Sahkari Grih Nirman Samiti limited after obtaining a lease for 33 years from them in August, 2001 on lands identified as Plot Nos. 251, 2 362, 363, 364 and 366 situated in Thana No. 14 in village Paharpur. It is their contention that they applied for sanction of the building plan to the erstwhile Patna Regional Development Authority now replaced by the Patna Municipal Corporation vide Building Plan Case No. 1151of 2001. No objection certificate was also issued by the Airport Authority of India for construction of school on 12/13.7.2007. The school approached this Court in C.W.J.C. No. 12805 of 2008 for sanction of its plan by the Municipal Corporation. This Court on 5.5.2009 noticing the objections in the counter affidavit by the Patna Municipal Corporation which rejected the plan for certain defects vide letter No. 216 dated 15.9.2008, granted liberty to submit a fresh defect free plan which is stated to have been done nonetheless matters remained pending. In the meantime, the school has learnt from an advertisement dated 2.8.2010 that the respondent no. 5, the Bihar Urban Infrastructure Development Corporation has published an advertisement inviting tender for construction of a park on the lands of the Co-operative Society leased out to the petitioner and which lease according to the petitioner still subsists. 3 Counsel for the Corporation does not dispute the correctness of the submissions made with regard to the submission of a plan by the petitioner earlier and the orders of this Court in C.W.J.C. No. 12805 of 2008 in that regard. Counsel for the Corporation however submits that according to the by laws of the society the lands in question have been shown as a park. The landlord, the Co-operative Society, is not a party respondent. The objection raised on behalf of the Municipal Corporation is a question of fact to be examined in accordance with law. Various Possibilities arise and it is not proper for this Court to consider matters any further. It appears that the petitioner has rushed to this Court without even inviting the attention of respondent no. 2, the Principal Secretary, Urban Development Department to the issue. Let the petitioner file an appropriate application before the Principal Secretary, Urban Development Department, Government of Bihar along with a copy of the present order enclosing all relevant documents on which it bases the claim for a registered subsisting lease settlement. The Principal Secretary shall issue notice to the Patna Municipal 4 Corporation as also the Managing Director of the Bihar Urban Infrastructure Development Corporation. The two authorities shall file their reply after furnishing all materials relied upon in the reply to the petitioner so as to enable him to meet the same. Let the Principal Secretary, Urban Development Department then pass a reasoned and speaking order properly dealing with and considering all issues of facts raised by the respective parties so that judicial review of his order, if necessary, may be facilitated. Let the Principal Secretary in the aforesaid manner dispose off the issue within a maximum period of four months from the date of receipt/presentation of a copy of this order. Since the application is being disposed without notice to respondent no. 5, liberty is granted to the petitioner to seek interim protection before the Principal Secretary, against the tender notice dated 2.8.2010 which application is required to be disposed off appropriately within a maximum period of 15 days from the date of its presentation before the Principal Secretary so that the representation is not rendered infructuous by subsequent 5 developments. Circumstance so warranting in the proceedings before the Principal Secretary, Urban Development Department, if so advised, the petitioner may raise his grievances with regard to the sanction of the building plan vis-à-vis the Patna Municipal Corporation. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)