Vijay Singh v. The Nagar Parishad,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8738 of 2024 ====================================================== Vijay Singh S/o Late Dharmraj Singh R/o Bhojpurwa, P.S.- Gopalganj, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The Nagar Parishad, Gopalganj through the Executive Officer Gopalganj. 2.

The Executive Officer, Nagar Parishad Gopalganj. 3.

The Chairman, Nagar Parishad, Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Srivastava, Advocate Mrs. Anu Kriti Jaipuriya, Advocate Mr. Shashwat Srivastava, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner.

2. The present writ petition has been preferred for the grant of following relief/s:- "A. For issuance of writ/writs, order/orders in the nature of Mandamus for directing the Respondent No. 2 i.e. The Executive Officer. Nagar Parishad Gopalganj to comply the decision of Board Meeting of the Nagar Parishad Office, Gopalganj dated 15.07.2023 (Annexure P3) with respect to refund of Rs. 39,24,280/- (Rupee Thirty Nine Lakh Twenty Four Thousand Two Hundred and Eighty) to the Petitioner wherein in the Agenda No. 11, a decision was taken to refund the aforesaid amount to the Petitioner for the losses he suffered, whereby and whereunder the

Patna High Court CWJC No.8738 of 2024(2) dt.22-07-2024 2/3 Petitioner had deposited Rs. 1,17,72,847/- (Rupees One Crore Seventeen Lakh Seventy Two Thousand Eight Hundred Forty Seven) for settlement of Bus Stand, Gopalganj for a period of 1 year from 11.04.2020 to 31.03.2021, however due to Covid 19, the bus stand was not functional for most of that duration and therefore the Petitioner could not collect revenue during the said time period.

B. For issuance of writ/writs, order/orders for directing the Respondents to release the money of the Petitioner amounting Rs. 39,24,280/- (Rupee Thirty Nine Lakh Twenty Four Thousand Two Hundred and Eighty) without any further delay as more than 3 years have already passed since the Petitioner invested such a huge amount of Rs.

1,17.72,847/- (Rupees One Crore Seventeen Lakh Seventy Two Thousand Eight Hundred Forty Seven) for settlement of Bus Stand, Gopalganj for a period of 1 year from 11.04.2020 to 31.03.2021 and is facing acute financial hardships since then. In this regard, Petitioner has submitted his representation

Patna High Court CWJC No.8738 of 2024(2) dt.22-07-2024 3/3 dated 10.06.2023 but uptill now payment has not done yet to the Petitioner.

C. Pass such other Order/Orders as your Lordships may deem fit and proper."

3. It is the case of the petitioner that despite the Board of Directors taking a decision in its meeting dated 15.07.2023, the Executive Officer, Nagar Parishad, Gopalganj is sitting over the matter.

4. In view of the limited prayer made by the petitioner, the writ petition stands disposed of with a direction to the petitioner to approach the respondent no. 2, the Executive Officer, Nagar Parishad, Gopalganj in next four weeks alongwith all the relevant documents.

5. In case, the same is received in the office of respondent no. 2, the Executive Officer, Nagar Parishad Gopalganj in next four weeks, the same shall be taken to its logical conclusion after hearing the parties in next three months.

6. The present writ petition stands disposed of. (Rajiv Roy, J) Adnan/- U