Patna High CourtCWJC/1200/1997dismissed

Buxar Municipality And ANR v. The State Of Bihar And ORS

2015-02-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1200 of 1997 ===========================================================

1. Buxar Municipality through its Special Officer

2. Sri Shankar Baitha son of Keshwar Baitha, resident of Lalgarh Tola Dharampur, PS-Bettiah, District-West Champaran, at present posted as Special Officer, Buxar Municipality, Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Consumers Redressal Forum, Buxar.

3. Gopal Sharma resident of Buxar Pirpati Road, PS-Buxar, District-Buxar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

For the Respondent/s : M/s Madhukar Krishna Sinha and Sunil Kr. Karn =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 06-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case the petitioner is Municipality is challenging the order dated 7th August 1995 passed in Case No. 3 of 1995 and orders dated 5th February 1996, 23rd April 1996 and 31st July 1996.

It appears from the record that the Municipality by a general notice, invited the persons who are interested to take shops may deposit Rs. 500/- in its Office, accordingly, Mr. Sharma, Respondent no. 3 deposited the same on 13th December 1991 for allotment of the shop and was granted receipt thereof and thereafter, Mr. Sharma was asked to deposit Rs. 5,000/- which was

Patna High Court CWJC No.1200 of 1997 dt.06-02-2015 2/2 deposited by him on 26th February 1992 but the shop could not be given to Mr. Sharma, for that, he requested for return of the money along with the interest. When he was not obliged by the Municipality, he filed a case in the Consumer Court for return of Rs. 5,500/- along with the interest and the Consumer Court passed the order in his favour.

This Court does not find any error in the order of the Consumer Court.

Accordingly, this petition is dismissed.

(Shivaji Pandey, J) Mahesh/- U