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Patna High CourtMJC/570/2016disposed

Patna Nagar Footpath Dukandar And Thela Hawker Union And ANR. v. The State Of Bihar Through Mr. Amrit Lal Meena The Commissioner Cum Secretary Urban Development Depa

2019-02-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.570 of 2016 In Civil Writ Jurisdiction Case No.5558 of 2007 ======================================================

1. Patna Nagar Footpath Dukandar And Thela Hawker Union

2. Md. Shahajade Alam, S/o Md Sami Alam, Resident of Behind Palace Hotel, P.O- G.P.O, P.S.- Kotwali, New Market, Patna- 1, General Secretary, Patna Nagar Footpath Dukandar and Thela Union.

... ... Petitioner/s

Versus

1. The State Of Bihar Through Mr. Amrit Lal Meena The Commissioner Cum Secretary Urban Development Depa

2. The Patna Municipal Corporation through Mr Jay Singh, Commissioner cum Chief Executive Officer, Pat

3. Mr Jay Singh, The Commissioner Cum Chief Executive Officer, Patna Municipal Corporation, Patna.

4. Mr Sita Choudhary, The Deputy Chief Executive Officer, Patna Municipal Corporation, Patna.

5. Mr Khabesh Chandra Vishwas, The Chief Engineer, Patna Municipal Corporation.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Kumar For the State :

Mr. Arun Kumar Sinha Mr. Manoj Kumar, AC to GP 24 For the Corporation :

Mr. Sanjay Prakash Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-02-2019 Heard learned counsel for the parties.

The Court prima facie is of the view that action of the Corporation is not deliberate and willful defiance of the order of the Writ Court. Having regard to the limited scope of contempt jurisdiction, the Court does not feel it necessary to proceed further in the matter.

Accordingly, the present proceeding is dropped and the application stands disposed of.

Patna High Court MJC No.570 of 2016(5) dt.07-02-2019 2/2 However, liberty shall be available to the petitioners to approach the appropriate forum for redressal of their grievance or to challenge the decision taken by the Corporation in accordance with law.

(Anil Kumar Upadhyay, J) mrl./- U