Patna High CourtCWJC/1828/2015disposed

Binod Kumar v. The State Of Bihar And ORS

2015-02-02Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1828 of 2015 ======================================================

1. Binod Kumar Son of Sri Janak Prasad Singh Resident of Mohalla - Mohanpur Punaichak, P.O and P.S Shastri Nagar, District - Patna Ward Councilor, Ward NO-20 and the Member of Empowered Standing Committee, Patna Municipal Corporation, Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Urban Development AND Housing Department, Govt. of Bihar, Patna.

3. The Director, Urban Development and Housing Department, Govt. of Bihar. Patna.

4. Shri Rup Narayan Son of Sri Ram Narayan Presently Deputy Chief Councilor of Patna Municipal Corporation, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.B.K. Mangalam, Adv. Mr. Chandan, Adv.

For the Respondent/s : Mr. Syed Arshad Alam, SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02-02-2015 The limited grievance raised by the petitioner in this writ petition is that an application filed before the Principal Secretary under Section 25(5) {incorrectly mentioned as 25(4) } of the Bihar Municipal Act, 2007 ( hereinafter referred to as 'the Act') seeking removal of the private respondent No.4 remains pending before the Principal Secretary though it was filed on 23.9.2014. A statutory application filed before the statutory authority requires disposal in accordance with law and cannot be allowed to remain pending and thus considering the limited grievance raised in this writ petition, the present application is disposed of with the

Patna High Court CWJC No.1828 of 2015 (3) dt.02-02-2015 2 / 2 direction to the Principal Secretary, Urban Development and Housing Department, Government of Bihar to consider the petition filed on behalf of the petitioner on 23.9.2014, a copy of which is placed at Annexure-6 to the writ petition and dispose of the same in accordance with law and after giving opportunity of hearing to the contesting parties including the respondent No.4, expeditiously and preferably within six months from the date of receipt/production of a copy of this order.

Bibhash/- (Jyoti Saran, J) U