Magadh University v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15236 of 2016 =========================================================== Magadh University, through the Registrar, Magadh University, Bodh Gaya, District- Gaya.

.... .... Petitioner

Versus

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

2. The Principal Secretary, Urban Development Department, Government of Bihar, Patna.

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

4. The Chairman, Nagar Panchayat, Bodh Gaya.

5. The Executive Officer, Nagar Panchayat, Bodh Gaya. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Waliur Rahman For the Respondent/s : Mr. RAJIV ROY- GP1 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 13-12-2016 Heard counsel for the petitioner and counsel for Nagar Panchayat Bodh Gaya.

2. The grievance raised by the University against the demand of Holding Tax raised against them will not be adjudicated under Article 226 of the Constitution of India because of the fact that the petitioner has adequate remedy available within the framework of Bihar Municipal Act, 2007, which is a complete Code by itself governing such issues.

3. Let the University, therefore, take appropriate

Patna High Court CWJC No.15236 of 2016 dt.13-12-2016 2 / 2 remedial measures to defend its interest within the framework of the codified law as above.

4. Writ is disposed of with liberty as above. (Ajay Kumar Tripathi, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.12.2016 Transmission Date NA