Patna High Court - Orders
Vijay Kumar vs The State Of Bihar & Ors on 19 September, 2011
Author: Sheema Ali Khan
Bench: Sheema Ali Khan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11010 of 2009
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Vijay Kumar, son of Late Sukrit Narayan Singh, Secretary, Shivam Vihar I
Flat Owners Society residing in Flat No. 403, Shivam Vihar-I apartment,
Kanti Factory Road, Mahatma Gandhi Nagar, Police Station Agamkuan,
town and district Patna
.... .... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Urban
Development Department, Government of Biahr, Patna
2. The Principal Secretary, Urban Development Department,
Government of Biahr, Patna
3. The Patna Municipal Corporation (Dissolved PRDA) through its
Commissioner, B Block, Maurya Lok Complex, Police Station
Kotwali, Town and district Patna
4. The Municipal Commissioner, Patna Municipal Corporation
(Dissolved PRDA), Competent Authority under Bihar Apartment
Ownership Act, 2006, Maurya Lok, Patna-800001
5. Thakur Mithilesh Kumar Singh, son of Late Thakur Awadh Nandan
Singh
6. Smt. Rambha Singh, wife of Thakur Mithilesh Kumar Singh
5 and 6 are residing in Flat Nos. 201, 202 and 104, Shivam Vihar-I
Apartment, Kanti Factory Road, Mahatma Gandhi Nagar, Patna -
800026
7. Vidya Sagar Singh, son of not known, residing in Flat No. 103,
Shivam Vihar-I Apartment, Kanti Factory Road, Mahatma Gandhi
Nagar, Patna - 800026
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Madan Pd.Singh 2
Mr. Arun Kumar Singh
For the Respondent/s : Mr. (Gp7)
Mr. Ajay Behari Sinha
Mr. Bishwa Bibhuti Kr.Singh
Mr. Ashok Kumar Singh
Mr. R.P.Singh
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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER
(Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN)
3 19-09-2011Heard Counsel for the petitioner, respondents 5, 6 and 7 and the Counsel appearing on behalf of the Patna Municipal 2 Patna High Court CWJC No.11010 of 2009 (3) dt.19-09-2011 2/2 Corporation.
The petitioner has made a prayer to amend the Bihar Apartment Ownership Act and Rules in such a manner so as to enable the Society to take action against the flat owners who do not fulfil the conditions to pay the maintenance etc. for the Apartment in which they live.
Counsel for the petitioner submits that respondents 5, 6 and 7 have not paid the maintenance amount which is detrimental to the maintenance of the Apartment building. They take all the benefits which are available to the persons who live in the flats in an Apartment, but refuse to share the liability.
Such actions are depreciated. However, this Court cannot in a writ jurisdiction pass an order giving a direction to such errant persons except observing that it is their duty not only as citizens but also as co-neighbours to fulfil their part of obligations. The petitioner may pursue the matter before the appropriate authority and file an application for amendment of the Bihar Apartment Ownership Act and Rules.
This writ application is disposed of with the light of the above observations.
(Sheema Ali Khan, J) Prabhakar Anand/-