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Patna High CourtCWJC/17701/2016disposed

Taj Mohammad v. The State Of Bihar And ORS

2023-01-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17701 of 2016 ======================================================

1. Imteyaz Ahmad

2. Shekh Abdul Kalam

3. Shekh Azaz Ahmad

4. Rajiya Khatun

5. Shahin Parbin ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The Municipal Commissioner, Patna Municipal Corporation, Patna. 4.

The Additional Municipal Commissioner, Patna Municipal Corporation, Patna.

5.

The Chief Executive Officer, Patna Municipal Corporation, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the State :

Mr.Yogendra Prasad Sinha-AAG7 For the respondent No. 3 to 5: Mrs. Kiran Kumari, advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2023 I.A. No. 01 of 2023 The present interlocutory application has been filed for substituting the name of legal heirs and representative of original petitioner, Taj Mohammad, who died on 10.02.2022 during the pendency of this writ petition and to expunge the name of deceased petitioner from the cause title of the writ petition.

Considering the averments made in the I.A., the same is allowed.

Patna High Court CWJC No.17701 of 2016(2) dt.31-01-2023 2/2 Let the name of original petitioner be expunged from the cause title of this writ petition and in his place names of his legal heirs, as mentioned in paragraph 3 of the I.A., be substituted.

After some argument, learned counsel for the petitioners seeks permission to withdraw this writ petition with liberty to file a detailed representation before respondent No.3 raising their grievance.

Prayer is allowed.

If such a representation is filed before respondent No.3, Municipal Commissioner, Patna Municipal Corporation, Patna within a period of four weeks from the date of receipt/ production of a copy of this order, the same shall be considered and disposed of by respondent No.3 by a reasoned and speaking order after hearing the parties within a period of three months thereafter.

This writ petition stands disposed of as withdrawn. (Prabhat Kumar Singh, J) BKS/- U