Binod Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6566 of 2014 ======================================================

1. Binod Kumar son of Late Badri Sah, resident of Naya Tola Banjariya Pandal, Motihari, East Champaran

2. Akshay Lall Kanujia, son of Gauri Kanujia, resident of Village +P.O.- Siswa, Police Station - Banjariya, District - East Champaran.

3. Binod Kumar son of Late Jiyut Prasad, resident of Thakurbari, Motihari, East Champaran.

4. Raj Kumar Gupta son of Late Ragho Sah resident of Teliyapatti, Motihari, District - East Champaran.

5. Rajan Prasad son of Late Girja Sah, resident of Teliyapatti, Motihari, District - East Champaran.

6. Sunil Kumar son of Kanhaya Prasad, resident of Teliyapatti, Motihari, District - East Champaran.

7. Prabhu Prasad son of Late Kasi Sah, resident of Teliyapatti, Motihari, District - East Champaran.

8. Shambhu Prasad, son of Late Sukhari Sah resident of Teliyapatti, Motihari, District - East Champaran.

9. Madan Prasad son of Baidyanath Prasad resident of Henri Bazar Chowk, Motihari, District - East Champaran.

10. Anil Kumar son of Ramchandra Sah resident of Teliyapatti, Motihari, District - East Champaran.

11. Chandan Kumar son of Lal Babu Sah resident of Teliyapatti, Motihari, District - East Champaran.

.... .... Petitioner/s

Versus

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

2. Nagar Parishad, Motihari through its Executive Officer, Motihari, East Champaran.

3. The Executive Officer, Motihari Nagar Parishad, Motihari, District East Champaran.

4. Raj Kumar Kedia son of Late Baijnath Kedia, resident of MohallaHenri Bazar, Police Station - Motihari, District - East Champaran. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Nirmal Kumar, Advocate For the Respondent/s : Mr. P.K. Singh, SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 29-06-2015 Heard Mr. Nirmal Kumar, learned counsel appearing on behalf of the petitioners, learned counsel for the State and learned

Patna High Court CWJC No.6566 of 2014 (3) dt.29-06-2015 Municipal counsel.

The petitioners by way of this writ petition pray for a direction in the nature of mandamus to the respondents to enforce its order dated 29.7.2013 placed at Annexure-8 to the writ petition whereby the Nagar Parishad has terminated the lease agreement entered with the private respondents.

Mr. Nirmal Kumar, learned counsel for the petitioners in view of the order passed by this court on the interlocutory application bearing I.A. No. 571 of 2013 filed by these petitioners in CWJC No. 5898 of 2012, present at Annexure-6 and the order passed by the Division Bench in L.P.A. No. 42 of 2014 preferred by these petitioners against the rejection of the interlocutory application present at Annexure-7 prays for disposal of the writ petition to take recourse to the liberty as provided thereunder. This writ petition is accordingly disposed of. It is made clear that this Court has not expressed any opinion on the merit of the case.

(Jyoti Saran, J) S.Sb/- U