Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1983 of 2023 ====================================================== Dhirendra Kumar Son of Late Dr. Basudeo Singh Resident of Dr. Basdeo Path, Ward no.13, Daudnagar, P.S.-Daudnagar, District-Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate Cum Collector, Aurangabad. 4.

The Sub-Divisional Magistrate, Daudnagar, District-Aurangabad. 5.

The Executive Officer, Nagar Parishad, Daudnagar, District-Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate Mr. Rikesh Sinha, Advocate For the Respondent/s :

Mr. Yogendra Prasad Sinha, AAG-7 Ms. Indira Kumari, Advocate For the Nagar Parishad :

Mr. Rakesh Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-10-2023 Heard Mr. Rikesh Sinha, learned counsel appearing on behalf of the petitioner and Mr. Rakesh Narayan Singh, learned counsel representing the Nagar Parihad, Daudnagar, Aurangabad. The State is represented by Ms. Indira Kumari.

2. The petitioner by invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India seeks following reliefs :

(i) to execute the resolution no. - 08, vide memo no 521 dated 24.09.2020 of standing committee, Nagar Parishad, Daudnagar, Aurangabad in true spirit.

(ii) to remove the wrong street

Patna High Court CWJC No.1983 of 2023(3) dt.10-10-2023 2/3 name board of "Durga Path" from parallel road of Bajaj Road in ward no. 13, Daudnagar, Aurangabad, (iii) to install the street name board of "Dr. Basdeo Path" on parallel road of Bajaj Road in ward no. 13, Daudnagar, Aurangabad, in light of resolution no. - 08, vide memo no 521 dated 24.09.2020 of standing committee, Nagar Parishad, Daudnagar, Aurangabad, and/or (iv) for issuance of appropriate writ or direction for which your lordship may deem fit and proper.

3. A counter affidavit has been filed on behalf of the Nagar Parishad, Daudnagar and a decision has been taken in the meeting of the Board, dated 14.09.2022, the copy of which has been brought on record by Annexure R/A, suggesting that the Board has taken a decision not to alter or modify or change the name of the street in question, and as such, if the present petitioner has any grievance, he can move before the authority concerned, by filling appropriate petition, but not by way of writ petition.

4. The present writ petition for the afore-noted reliefs, prima facie, does not appear to be maintainable, as the petitioner has neither any legal nor statutory right to get the name of the street recorded in the name of any person of his choice and challenge marking of the name of any road on any other ground.

Patna High Court CWJC No.1983 of 2023(3) dt.10-10-2023 3/3

5. In view thereof, the present writ petition stands dismissed with the liberty aforesaid.

(Harish Kumar, J) supratim/- U