IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16517 of 2008 Jairam, S/O Bulak Prasad, resident of East Chitragupta Nagar (Back of Janki Apartment), P.O. Lohiya Nagar, P.S. Patrakar Nagar, District Patna Versus 1. The State Of Bihar 2. The Commissioner cum Secretary Department of Urban Development, Govt. of Bihar, Patna 3. The Mayor, Patna Municipal Corporation, Patna 4. The Commissioner, Patna Municipal Corporation, Patna 5. Executive Officer, Rajendra Nagar, Circle, Patna Municipal Corporation, Patna 6. The Assistant Engineer, Bankipur Circle, Patna Municipal Corporation, Patna 02/ 16.12.2010 Heard learned counsel for the petitioner and Smt. Nilu Agrawal, counsel for the Patna Municipal Corporation (hereinafter referred to as the PMC), who states that the panel of the PMC Lawyers having changed, she be allowed time to return the brief to the authorities of the PMC so as to enable them to entrust the brief to the newly appointed Lawyer. 2. Petitioner is aggrieved by the notice dated 26.11.2007 and 20.12.2007, Annexures-5 and 6, whereunder he was asked to remove the construction from the lands in question by the Assistant Engineer of Bankipur Circle of the PMC on the ground that the construction is raised over the lands of the PMC/ Drain/ Road. Having received the notice, - 2 - petitioner submitted his reply dated 13.12.2007, which is contained in Annexure-7 to this application and appears to have been served on the authorities of the PMC, as receipt is granted over the same. When the reply dated 13.12.2007 did not bear any fruit, petitioner again moved the Municipal Corporation, vide representation dated 7.1.2008, Annexure- 8, which also appears to have been received in the office of the Municipal Commissioner, as receipt is granted over the same. 3. It is submitted by the counsel for the petitioner that without disposing of either the reply dated 13.12.2007 or the representation dated 7.1.2008, the authorities have demolished the construction raised by the petitioner and are proposing to raise another construction over the same land. It is further submitted that if the lands over which the earlier construction stood is either Road or Drain, the authorities should not raise fresh construction over the same. 4. Without going into the aforesaid question, I direct the authorities of the PMC to consider the reply of the petitioner dated 13.12.2007 as also his representation dated 7.1.2008 contained in Annexures-7 and 8, as early as - 3 - possible, in any case within one month of the receipt of a copy of this order. It is directed that the authorities shall pass a reasoned order in the matter. 5. The writ petition is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)