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Patna High CourtL.P.A/906/2016dismissed

Md. Nadeem v. The State Of Bihar And ORS

2017-06-22The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.906 of 2016 ===========================================================

1. Md. Nadeem son of Sheikh Asique resident of Mohalla - Jamadar Tola, P.S. - Bettiah Town, District - West Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar through the Chief Secretary, Department of Urban Development, Bihar, Patna.

2. The District Magistrate, West Champaran, Bettiah.

3. The Sub-Divisional Officer, Bettiah, West Champaran.

4. The Chairman, Bettiah Nagar Parishad, Bettiah, West Champaran.

5. The Executive Officer, Bettiah Nagar Parishad, Bettiah, West Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Umesh Chandra Verma, Advocate For the Respondent/s : Mr. Ameesh, AC to AAG-8 For Nagar Parishad Mr. Priyadarshi Matrishran, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 22-06-2017 Delay of 202 days in filing of this appeal is condoned and I.A. No. 3641 of 2016 is allowed. Matter pertains to fixation of parking fee by the municipal council in question. Learned Writ Court, after evaluating the matter, found that in fixing the parking fee by reducing it from Rs.25/- to Rs.20/- no error has been committed and this being an executive action, not to be controlled by a judicial pronouncement, interference into the matter in a writ petition is not called for.

Patna High Court LPA No.906 of 2016 dt.22-06-2017 2/2 We find no error in the order passed by the learned Writ Court warranting re-consideration.

The appeal is, therefore, dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 28.6.2017 Transmission Date N/A