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Patna High CourtCWJC/10595/2020withdrawn

Patna I.S.B.T. Vendor Hawkers Union v. The State Of Bihar

2021-06-21The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10595 of 2020 ====================================================== Patna I.S.B.T. Vendor Hawkers Union through its treasurer Brijesh Kumar Modi, male, aged about 36 years, son of Shankar Modi, resident of Jyotish Path, Amardeepnagar, P.S.- Ramkrishna Nagar, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary Department of Urban Development and Housing Government of Bihar, Patna 3.

The District Magistrate, Patna 4.

The Patna Municipal Corporation through Municipal Commissioner, Patna 5.

The Sub-Divisional Officer, Sadar, Patna 6.

The Senior Superintendent of Police, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Shilpi Keshri, Advocate For the Respondent/s :

Mr. Sanjay Prakash Verma, Advocate Mr. Kinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-06-2021 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for the following relief(s):

"I. Directing to the respondent authorities to grant/renewal of the license to carry out business at the Inter State Bus Stand, Bairiya in the town and district of Patna of the member of the Patna Inter State Bus Stand Vendor Hawkers Union.

Patna High Court CWJC No.10595 of 2020(2) dt.21-06-2021 2/3 II. Directing the respondent authorities to settle the petitioners who are the vendors in the existing Inter State Bus Stand Mithapur to the Bairiya Inter State Bus Stand.

III. Any other relief and reliefs which the petitioner may be found entitled to."

Learned counsel for the petitioner states that perhaps mistakenly, registry has registered two cases of very same subject matter. He further states that earlier application, being C.W.J.C. No. 8199 of 2020, titled as Patna I.S.B.T. Vendor Hawkers Union Vs. The State of Bihar & Ors., listed first already stands disposed of vide judgment dated 30.09.2020. The said judgment exactly reads as under:- "Petitioner has prayed for the following relief(s): "I. Directing to the respondent authorities to grant/renewal of the license to carry out business at the Inter State Bus Stand, Bairiya in the town and district of Patna of the member of the Patna Inter State Bus Stand Vendor Hawkers Union.

II. Directing the respondent authorities to settle the petitioners who are the vendors in the existing Inter State Bus Stand Mithapur to the Bairiya Inter State Bus Stand. III. Any other relief and reliefs which the petitioner may be found entitled to."

It is brought to our notice that petitioner's representation (Annexure-8 series) is already pending before appropriate authority. As jointly prayed for, the petition stands disposed of in the following terms:-

Patna High Court CWJC No.10595 of 2020(2) dt.21-06-2021 3/3 (a) petitioner's representation, which is pending before the appropriate authority, shall be considered and decided in accordance with law;

(b) they shall do within a period of four weeks from today;

(c) liberty is reserved to the petitioner to take recourse to such remedy, if so required, pursuant to the decision taken on such representation;

(d) we have not expressed any opinion on the merits of the matter;Petition stands disposed of."

In view of the same, the present petition stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U