Patna High CourtCWJC/11508/2017disposed

Mala Devi v. The State Of Bihar And ORS

2018-10-03Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11508 of 2017 ====================================================== Mala Devi, W/o- Sri Daya Shankar Prasad, Resident of Mohalla - Gandhi Ashram, P.S. - Hajipur Town, District - Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Urban Development & Housing Department, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna.

2. The Principal Secretary, Urban Development & Housing Department, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna.

3. The Nagar Parishad, Hajipur at Vaishali, through its Town Executive Officer.

4. Town Executive Officer, Nagar Parishad, Hajipur at Vaishali.

5. The Sub-Divisional Officer, Hajipur at Vaishali.

6. The Circle Officer, Hajipur at Vaishali.

7. Vishundev Rai, S/o- Late Gona Rai @ Gona Yadav, Resident of Anwarpur, Gandhi Ashram, P.S. - Hajipur Town, District - Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakmesh Marvind, Adv.

For the Respondent/s :

Mr. Rajiv Ray, GP1 For N.P., Hajipur :

Mr. Kumar Manish, Adv.

For Respondent No.7 :

Mr. Rajesh Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-10-2018 Heard Mr. Lakmesh Marvind, learned counsel for the petitioner, Mr. Kumar Manish, learned counsel for the Hajipur Nagar Parishad, Mr. Rajesh Ranjan, learned counsel for Respondent No.7 and learned AC to GP 1 for the respondentState.

Patna High Court CWJC No.11508 of 2017(2) dt.03-10-2018 2/3 The present writ application has basically been filed for quashing the order dated 27.05.2017, issued by Executive Officer, Nagar Parishad, Hajipur, as contained in Annexure-12, whereby the prior approval for construction of toilet of the petitioner has been cancelled and he has been directed to return the first installment of Rs. 7500/- provided to him under Swachh Bharat Mission. Further prayer has been made for quashing of the order dated 27.06.2017, issued by Executive Officer, Nagar Parishad, Hajipur, as contained in Annexure-14, whereby the petitioner has been directed to return Rs.7500/-, provided to him under Swachh Bharat Mission and for removal of illegal construction.

After some argument, learned counsel for the petitioner seeks permission to withdraw the present writ application with liberty to prefer complaint before the appropriate authority under the Bihar Right to Public Grievance Redressal Act, 2015.

Permission is accorded.

Accordingly, the present writ application is disposed of as withdrawn with liberty to the petitioner to file a complaint before the appropriate authority within a period of one week from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.11508 of 2017(2) dt.03-10-2018 3/3 Let, status quo, with regard to structure in question, as is existing today, be maintained till the filing of complaint within the stipulated time as indicated above. (Dinesh Kumar Singh, J) Amrendra/Deepak/- U