Krishna Singh v. The Ara Municipal Corporation
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7285 of 2021 ====================================================== Krishna Singh, male, aged about 27 years, Son of Ramdeep Singh Resident of Mohalla- Mukharjee Hata, Nyay Nagar, Ara, Police Station- Ara Town, District- Bhojpur.
... ... Petitioner
Versus
1.
The Ara Municipal Corporation Ara through its Town Commissioner, Ara Municipality, Ara (Bhojpur).
2.
The Town Commissioner Ara Municipal Corporation, Ara Bhojpur. 3.
The Laxmi Devi, female, age not known, Resident of Mohalla- Mukherjee Hata, Nyay Nagar, Ward No. 24, Police Station- Ara (T), District- Bhojpur. ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv.
For the Respondent/s :
Mr. Lalit Kishore ( Ag ) Mr. Bibhuti Bhushan Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 10-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Learned counsel for the petitioner agrees that against the impugned order dated 07.01.2021 passed by the Town Commission, Ara Municipal Corporation, there is a provision for appeal under Bihar Municipal Act, 2007 (for brevity 'the Act') before the Tribunal constituted under the Act. In such view of the matter, this application is disposed of with a liberty to the petitioner to approach the Appellate
Patna High Court CWJC No.7285 of 2021(5) dt.10-02-2022 2/2 Authority. Considering the fact that the petitioner approached this Court in March, 2021 assailing the impugned order, it is observed that if he makes an application seeking condonation of delay before the Appellate Authority, the Appellate Authority instead of rejecting the petitioner's application on appeal on the ground of delay shall decide the appeal on merits. This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) shyambihari/- U