Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1121 of 2019 ====================================================== Sanjay Kumar S/o Late Ram Prasad, resident of near Sangat, Dadar Mandi, P.O.+P.S.- Gulgarbagh, Patna-800007 ... ... Petitioner

Versus

1. The State Of Bihar.

2. The Principal Secretary, Urban Development Department, Bihar Patna.

3. The Municipal Corporation, Patna Municipal Corporation, Patna.

4. The Station House Officer, Alamganj Police Station, Gulzarbagh, Patna- 800007.

5. The Executive Officer, Patna City Circle, Patna.

6. Paritosh, son of Sri Vijay Kumar resident of House No. 20, Old State Bank of India Colony, P.S+P.O-Digha, Patna-800011.

7. Malvika Sahu, Daughter of Vijay Kumar and wife of Promod Kumar Sahu, resident of B-94, Sector-20, Rourkela, P.O+P.S-Sector-19, District - Sundargarh, Orissa.

8. Kumar Chandrakuntal son of Sri Vijay Kumar resident of House No. 20, Old State Bank of India Colony, P.S+P.O-Digha, Patna-800011. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mrs. Manisha Singh, Advocate Mr. R.S. Singh, Advocate For the Respondent/s :

Mr.Yogendra Prasad Sinha -Aag7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-01-2019 Learned counsel for the petitioner as well as learned counsel representing the Patna Municipal Corporation are present.

Learned counsel for the petitioner admits that the petitioner has got an alternative statutory remedy by way of filing review application in terms of Section 141 of the Bihar Municipal Act, 2007 (hereinafter referred to as 'the Act, 2007'). It is also submitted that there is a provision for an appeal to learned District Judge under Section 143 of the Act, 2007.

Patna High Court CWJC No.1121 of 2019(2) dt.17-01-2019 2/2 In the aforesaid view of the matter, learned counsel for the petitioner seeks permission to withdraw this writ application with liberty to move before the appropriate authority in terms of the statutory remedy.

The writ application is permitted to be withdrawn with the liberty aforesaid.

In case the petitioner prefers an application in terms of the remedy available to him before the competent authority, the same shall be considered in accordance with law within a reasonable time preferably, within a period of 90 days from the date of filing of the application together with the copy of this order.

(Rajeev Ranjan Prasad, J) avin/-ved/- U