Patna High CourtCWJC/18801/2014dismissed

Mohammed Raju @ Md. Zulfikar Ali v. The State Of Bihar And ORS

2017-03-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18801 of 2014 =========================================================== Mohammed Raju @ Md. Zulfikar Ali, Son of Mohammed Israfil, resident of Mohalla- N.A.C. Road, Ward No.- 11, Police Station + P.O. + District- Khagaria .... .... Petitioner

Versus

1. The State of Bihar

2. District Magistrate, Khagaria

3. Sub-Divisional Magistrate, Khagaria

4. Executive Officer, Notified Area Committee, Khagaria

5. Chairman Cum Office-in-charge Sashkt Sthai Samiti

6. Vice Chairman cum Member of Sashkt Sthai Samiti

7. Sohan Chaudhary, Ward Member of Ward No. 24 cum Member of Sashkt Sthai Samiti, Nagar Parishad, Khagaria

8. Ravish Kumar @ Banta, Ward Member of Ward No. 12 cum Member of Sashkt Sthai Samiti, Nagar Parishad, Khagaria

9. Vinay Patel Ward Member of Ward No. 1 cum Member of Sashkt Sthai Samiti, Nagar Parishad, Khagaria

10. Ajit Kumar (Then Official/Karamchari) Nagar Parishad, Khagaria

11. Gagan Kumar (President Karamchari Nagar Parishad Khagaria). .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Phulen Yadav, Advocate For State : Mr. Nishant Kumar Jha, AC to SC 28 For Res. No. 4 : Mr.Rakesh Chandra, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 20-03-2017 The instant writ application has been filed for quashing Memo No. 747 dated 01.04.2014 issued by the respondent no. 4 by which a fresh notice has been invited by Nagar Parishad,

Patna High Court CWJC No.18801 of 2014 dt.20-03-2017 2/2 Khagaria for settlement of stall no. A/15 from desirous persons and also not to disturb the peaceful possession of the petitioner from the abovementioned stall and also to receive rent from the petitioner regarding stall in question.

In view of the availability of an equally efficacious alternative remedy of appeal before the Secretary, as provided under Section 8 of Bihar Government Premises (Rent Recovery and Eviction) Act, 1956, I am not inclined to entertain the present writ application. It is dismissed, accordingly. (Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.03.2017 Transmission Date NA