Shiv Nandan Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8596 of 2017 ====================================================== Shiv Nandan Jha, S/o late Chandranand Jha, R/o Village- Bangaon, PostBangaon, P.S. Bangaon, District- Saharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Panchayati Raj Bibhag, Govt. of Bihar, Patna.

2.

The Secretary Panchayati Raj Bibhag Govt. of Bihar, Patna. 3.

The Chairman, District Board, Saharsa, namly-Smt. Arhul Devi, W/o Gajendra Yadav R/o Village- Chakala, P.O. Tiri, P.S.Sourn Bazar, District Saharsa.

4.

The Dy. Development Commissioner Cum-Executive officer, District Board, Saharsa.

5.

Then That D.D.C. of District Board, Saharsa, Namely Daroga Prasad Yadav At Present Status Retired from his post on 28.02.2017 From Saharsa. 6.

The Collector Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Jha- Advocate For the State :

Mr. Ajay- GA-5 For the Zila Parishad :

Mr. Nikesh Kumar- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Zila Parishad, Saharsa.

The present writ application has been filed for a direction upon the authorities to allot the approved new constructed shop of Market Complex, District Board, Saharsa in the light of the decision taken by the Board in meeting dated 09.01.2016 (Annexure-2).

Patna High Court CWJC No.8596 of 2017(3) dt.16-03-2023 2/3 The learned counsel for the petitioner submits that a decision by the Board was taken to allot shops constructed within the premises of the Zila Parishad to different persons including those who have retired from the service of the Board as would be evident from the resolution of the Board dated 09.01.2016 (Annexure-2).

It is next submitted that from perusal of Proposal No.02(Ga), it would manifest that the name of the petitioner also figured wherein a proposal was made for offering shop to the retired employees.

The learned counsel for the Nagar Parishad submits that in the event, if the petitioner files a fresh representation before the Respondent No.4, a decision will be taken expeditiously either allowing or rejecting the claim of the petitioner to which the petitioner agrees.

In the event, if petitioner files an application before the Respondent No.4 by 20.04.2023, raising his grievance as raised in the present writ application, the Respondent No.4 shall decide and pass a reasoned order on the application of the petitioner i.e. whether he is entitled to a

Patna High Court CWJC No.8596 of 2017(3) dt.16-03-2023 3/3 shop or not in view of the resolution dated 09.01.2016 within a period of two months from the date when the application is filed by the petitioner.

The present writ application is disposed of accordingly.

(Satyavrat Verma, J) vikash/- U