Ajit Kumar Pathak @ Ajit Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6540 of 2017 =========================================================== Ajit Kumar Pathak @ Ajit Pathak Son of Sri Brahmeshwar Pathak, Resident of Mohalla- Sidharth Nagar, Mian Bigha, P.S.- Bodh Gaya, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar, through Principal Secretary, Urban Development of Housing Department, Government of Bihar, Patna.

2. The District Magistrate, Gaya.

3. The Sub Divisional Officer, Gaya.

4. Officer in Charge, Bodh Gaya Police Station, Bodh Gaya, Gaya.

5. Executive Officer, Nagar Panchayat Bodhgaya, Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad, Adv. For the Nagar Panchayat : Mr. Ashok Kumar, Adv. For the State : Mr. Syed Hussain Majeed, AC to SC-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 10-08-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner has challenged the decision of the Nagar Panchayat, Bodhgaya, Gaya, whereby and whereunder, prevented the entry of tourist vehicle in the stand though stipulated under the agreement.

Altogether eight places were notified for parking of the vehicles. The petitioner entered into an agreement for the Bodhgaya Stand situated at Kabristan, near Pachhatti-Mousa More types of vehicle mentioned in the column no.2 mentions different rates for

Patna High Court CWJC No.6540 of 2017 dt.10-08-2017 different types of vehicles. The petitioner has raised a grievance, when the actual work order was issued to the petitioner vide letter dated 31.3.2017, in item no.12,, the entry of tourist vehicle was prohibited but, later on, the Nagar Panchayat has issued a fresh letter vide Memo No. 603 dated 11.7.2017, wherein, the nature of parking of the tourist vehicle has been explained. Learned counsel for the Nagar Panchayat also explains that there is no objection with regard to the vehicle mentioned in the advertisement which may unload the goods or the tourist vehicle can be parked, they can stay there for few hours but, not more then 24 hours. There are other parking area where the vehicle can be parked without any limitation of days which has been settled with another person.

Thus, the letters dated 31.3.2017 and 11.7.2017 will be read down in the manner explained above.

This writ application is, accordingly, disposed of. (Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.08.2017 Transmission Date NA