Niranjan Kumar v. The State Of Bihar Through Shri Anand Kishore, The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1018 of 2024 In Miscellaneous Jurisdiction Case No.2090 of 2022 ====================================================== Niranjan Kumar Son of Rambhajan Singh, Resident of Village - Khetila Atri, P.S.- Bodh Gaya, District- Gaya.

... ... Petitioner/s

Versus

1.

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

Shri S. Sidharth, The Principal Secretary, Finance Department, Government of Bihar, Patna.

3.

Shri Sunil Kumar Yadav, The Special Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 4.

Smt. Abhilasha Sharma, Municipal Commissioner, Gaya Municipal Corporation, Gaya.

5.

Shri Birendra Kumar, Chairman, Gaya Municipal Corporation, Gaya. 6.

Mr. Imtiaz Ali, in-charge Establishment, Gaya Municipal Corporation, Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Opposite Party/State :

Mr. Shiv Kumar, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 29-11-2024 The present MJC application is filed for recalling the order dated 15.01.2024 passed in MJC No. 2090 of 2022 arising out of CWJC No. 18310 of 2021.

2. It was an open court dictation. Learned counsel appearing on behalf of the petitioner did not apprise that MJC No. 2090 of 2022 is arising out of a Public Interest Litigation. In the Public Interest Litigation, in CWJC No. 18310 of 2021,

Patna High Court MJC No.1018 of 2024(3) dt.29-11-2024 2/2 general directions have been issued. One of the direction is for the petitioner to file representation within a period of four weeks from 26.10.2021 whereas the representation was filed on 14.12.2021, therefore, petitioner has not complied whatever the directions issued by the Co-ordinate Bench. In the absence of seeking modification of the order dated 26.10.2021, MJC No. 2090 of 2022 itself is not maintainable.

3. Be that as it may, learned counsel for the petitioner submitted that order of this Court read with petitioner's representation is stated to have been complied. Accordingly, order dated 15.01.2024 passed in MJC No. 2090 of 2022 stands modified to the above extent.

(P. B. Bajanthri, J) (Ramesh Chand Malviya, J) GAURAV S./- U