Baby Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9682 of 2025 ====================================================== 1.

Baby Devi W/o Jayram Prasad, R/o Ishwar Tola, Ward No. 28, Mokameh Khas, Mokamaghat, Patna, Bihar-803302.

2.

Soni Kumari W/o Pushkar Kumar Singh, Ward No. 14, Laharia Tola, Mokama, Mokameh, P.O. Mokama, Dist- Patna, Bihar-803302. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Chief Secretary, Old Secretariat, Government of Bihar, Patna.

2.

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

3.

The Nagar Parishad, Makama, through its Chief Councillor, Mokama, Bihar. 4.

The Empowered Standing Committee, Nagar Parishad Mokama, through its Chairman, Bihar, 5.

The Executive Officer, Nagar Parishad, Mokama. 6.

Shri Deepak Jha, Executive Officer, Nagar Parishad, Mokama. 7.

The Chief Councillor, Nagar Parishad, Mokama. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubham, Advocate For the Respondent/s :

Mr. Standing Counsel (06) For Nagar Parishad :

Kumar Anjani Shanu, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners, learned counsel appearing for Nagar Parishad and learned counsel for the State.

2. With the consent of all the parties, this writ application is being disposed of at the present stage itself.

3. Learned counsel for the petitioners submits that for seeking the reliefs as prayed for in the present writ application, the petitioners/representatives are prepared to submit a detailed representation before the Secretary, Urban Development and Housing Department, Government of Bihar, Patna (Respondent No. 2) and they would be satisfied if an appropriate direction

Patna High Court CWJC No.9682 of 2025(2) dt.25-06-2025 2/3 could be issued to the Respondent No. 2 to dispose of the representation which would be filed by the petitioners/representatives on merit after giving an opportunity of hearing to the petitioners/representatives within a fixed time frame, by passing a reasoned and speaking order. Learned counsel for the petitioners further submits that till such time the representation is not finally decided by the respondent no. 2, the impugned orders dated 29.04.2025 at Annexure-P/1 to the writ application passed by respondent no. 6 and order dated 08.05.2025 at Annexure-P/5 to the writ application again passed by respondent no. 6 may kindly be stayed. Learned counsel for the petitioners also submits that an appropriate direction may also be given to respondent no. 2 to decide the representation in light of the law laid down by this Court in the case of Dr. Ashish Kumar Sinha Vs. Union of India & Ors. reported in (2022) 7 BLJ 369.

4. The aforesaid prayer being made by the learned counsel for the petitioners is not opposed by the learned counsel for the Respondent-State.

5. Considering the limited nature of prayer being made by the learned counsel for the petitioners, this writ application is disposed of granting liberty to the

Patna High Court CWJC No.9682 of 2025(2) dt.25-06-2025 3/3 petitioners/representatives to file a detailed representation before the Secretary, Urban Development and Housing Department, Government of Bihar, Patna (Respondent No. 2) within one week from the date of passing of this order and after the said representation has been filed before the Respondent No. 2, the Respondent No. 2 is directed to dispose of the said representation on merit after giving an opportunity of hearing to the petitioners/representatives, by passing a reasoned and speaking order. While disposing of the representation filed by the petitioners/representatives, the Respondent No. 2 will consider the law laid down by this Court in the case of Dr. Ashish Kumar Sinha Vs. Union of India & Ors. reported in (2022) 7 BLJ 369 and in light of the same, final order should be passed by the Respondent No. 2 within four weeks from the date of filing of the representation by the petitioners/representatives.

6. With the aforesaid observation and direction, this writ application is disposed of. All pending Interlocutory Applications, if any shall stand disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U