IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16766 of 2009 1. RAM NARAYAN SINHA S/O LATE SAYA NARAYAN SINHA, R/O 21, REGENCY GARDEN APARTMENT COMPLEX, NEW PATLIPUTRA COLONY, PATNA-13 Versus 1. THE MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPORATION, PATNA 2. MR. P.A. RIZVI, R/O 92,REGENCY GARDEN APARTMENT COMPLEX, PRESIDENT OF REGENCY GARDENS WELFARE ASSOSICATION, NEW PATLIPUTRA, PATNA-13 ----------- 02. 10.12.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks a direction to the Commissioner, Patna Municipal Corporation to direct enquiry into the misdeeds of Regency Garden Welfare Association in the Regency Garden Apartment Complex. The dispute appears to be a private in nature between the petitioner and the association. Learned counsel for the petitioner though refers to the Apartment Act, but is unable to place any provision before the Court with regard to any statutory duties of the Patna Municipal Corporation thereunder for investigation and dealing with complaints by residents/association of an Apartment. If the petitioner appears before the Municipal Commissioner and satisfied him of his statutory duties under the Bihar Apartment of Ownership Act imposing upon him duties and obligation to enquire into such private complaint, let 2 the Municipal Commissioner consider the grievance of the petitioner in accordance with law. If the Commissioner is satisfied that he has no statutory obligation and duties to enquire into such private disputes, he may pass appropriate order to that effect also. Let the Commissioner examine issues and pass appropriate order preferably within a maximum period of four months from the date of receipt/production of a copy of this order. Nothing in this order shall be construed as any observation or be deemed any direction by the Court to the Municipal Commissioner to act in a particular manner to investigate or not to investigate the matter which issue shall rest entirely in his discretion to be examined based on his satisfaction of the limits of his statutory powers. The application stands disposed. P.K. ( Navin Sinha, J.)