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Patna High CourtCWJC/17067/2016disposed

Ram Kishore Sao v. The State Of Bihar And ORS

2019-05-21Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17067 of 2016 ====================================================== Ram Kishore Sao Son of Vishwanath Sao, Resident of Village /MohallaKurmi Tola, Ward No. 09, Post Office- Daugnagar, Police StationDaudnagar, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Urban Department, Bihar, Patna 2.

The District Magistrate, Aurangabad.

3.

The Executive Officer, Nagar Panchayat, Daudnagar, Aurangabad. 4.

The Circle Officer, Daudnagar, Aurangabad.

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Respondent/s :

Mr. Rajiv Roy- GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-05-2019 This case was initially filed against the order dated 19.03.2016 passed by the Executive Officer, Nagar Panchayat, Daudnagar, Aurangabad whereby the rent of the shop which was allotted to the petitioner was enhanced several folds, perhaps for the purposes of having the shop vacated.

It has been submitted on behalf of the petitioner that the shop has now been demolished and a new shop has been constructed. All that the petitioner wants is that when the same is allotted, the claim of the

Patna High Court CWJC No.17067 of 2016(2) dt.21-05-2019 2/2 petitioner be also considered, keeping in mind that in the earlier construction, the petitioner was the allottee. Though no positive direction can be issued on such a prayer but it would be open for the petitioner to make a representation before the Executive Officer, Nagar Panchayat, Daudnagar, Aurangabad (respondent No. 3) that in the event of the shop being let out to persons, his claim be also considered. Once the representation of that kind is made by the petitioner, the same shall be disposed off in accordance with law. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U