Badrudoza Khan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9365 of 2017 ====================================================== 1.

Badrudoza Khan and Ors S/o Murtaza Khan, R/o Mohalla- Rajabagicha, P.S. Rafiganj, District- Aurangabad.

2.

Mahfooz Alam, S/o Md. Jamailuddin, R/o Mohalla- Biskut Gali, P.S. Rafignaj, District- Aurangabad.

3.

Md. Anis, S/o late Md. Ghazi, R/o Mohalla- Imadpur, P.S.- Rafiganj, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Aurangabad.

3.

The Chairman, Nagar Panchayat, Rafiganj, P.S. Rafiganj, DistrictAurangabad. 4.

The Executive Officer, Nagar Panchayat, Rafiganj, P.S. Rafiganj, DistrictAurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar -3, Advocate For the Respondent/s :

Mr. Pushkar Narain Shahi- Aag6 For the State :

Mr. Manish Kumar, AC to AAG-6 For Nagar Parishad :

Mr. Mr. Manindra Kishore Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Municipal Corporation.

Learned counsel for the petitioner submits that the order of the District Magistrate dated 30.03.2017 was impugned on the ground that he had stayed the process of settlement of shops situated under Nagar Panchayat, Rafiganj which was going to be held on 31.03.2017/

Patna High Court CWJC No.9365 of 2017(2) dt.13-03-2023 2/3 1.04.2017 by the Nagar Panchayat. It is next submitted that during pendency of the writ application the said order of the Collector was withdrawn and the Nagar Panchayat was directed to go ahead with the process of settlement of shops but in the meantime another aggrieved person moved before this Court by filing CWJC No. 5156 of 2017 challenging the process of settlement on the ground that the land in question on which the shops are being constructed was settled as a jalkar.

It is thus submitted that this Court after hearing the parties of CWJC No. 5156 of 2017 had stayed the process of settlement of shops and the writ application is still pending. Learned counsel fairly submits that the present writ application has become infructuous but then since he had applied for participating in the process of settlement of shops for which he had also deposited Rs. 5000/- with the Nagar Panchayat, as such, in the event, if ultimately the shops are settled then petitioner be allowed to participate in the same.

Learned counsel thus seeks permission to

Patna High Court CWJC No.9365 of 2017(2) dt.13-03-2023 3/3 withdraw the present writ application with the liberty that the petitioner may be permitted to participate if steps are taken to settle the shop by the Nagar Panchayat. Permission is accorded.

(Satyavrat Verma, J) GauravSinha/- U