CIVIL WRIT JURISDICTION CASE No.8411 OF 1993 Birendra Mohan Singh, son of Dr. Baidya Nath Singh, Residing at Road No.1 Rajendra Nagar, P.S. Kadamkuan, Patna. -------------- Petitioner. Versus 1. Patna Municipal Corporation through the Administrator. 2. Assistant Administrator, Bankipur Circle, Patna Municipal Corporation. Both at Budha Marg, P.S. Kotwali,District - Patna. ---------- Respondents. -------------- For The Petitioner : Mr. Kaushan Kumar, Adv. Mr. Ganesh Chandra Thakur, Adv. For The Respondent : Mr. Chandrashekhar, Sr. Adv. Dr. Poonam Kumari Singh, Adv. ----------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI ****************** A. K. Tripathi, J. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was aggrieved by the decision of the Municipal Authorities to fix an annual rental value for the Holding No.365 (Old), 40 (New) Circle No. 29A, Rajendra Nagar, Patna. As per the provision, he filed an appeal before the then Designated Authority who was Revenue Officer which was way back in the year 1983 the matter was heard on 30.04.1985, petitioner asserts that no final order thereafter came to be rendered and without deciding the appeal in question, the respondents sought to enforce the demand raised against him on the wrong assessment. When the writ application was filed in the year 1993, - 2 - respondents were restrained from taking any coercive action based on the demand notice contained in Annexure – 3. The writ application has remained pending for almost 15 years. The respondents did not find time to file a counter affidavit. It is a sad reflection on the working of the Patna Municipal Corporation because the appellate authority will not render his opinion on an appeal since 1985 and a writ application filed in 1993 would not be responded to more than 15 years. If the legislatures have provided a citizen right to make a grievance against arbitrary fixation of annual rental value then substantive decision will have to be rendered. The decision is also subject to a judicial review by the District Judge. Since the default is on the part of the respondents Municipal Authorities, they are duty bound to resolve the mess which is there own creation. Since the submission made by the petitioner has not been controverted, let the Municipal Authorities recreate the records or trace out the record if any, and decide the matter within a reasonable time frame. Only when a final decision is rendered by the appellate authority would the Municipality be entitled to enforce the demand raised in Annexure – 3. The writ application is allowed with the above direction. Patna High Court The 4th Day of December,2008 NAFR/AFR, Rajeev/ (Ajay Kumar Tripathi, J.)