Aman Enterprises, Bahadurpur, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9327 of 2023 ====================================================== Aman Enterprises, Bahadurpur, Ward No.26, Samastipur District-Samastipur, through its Proprietor Aman Kumar @ Aman Kumar Gupta, Male aged about 36 Years Son of Ashok Sah having the Same address Mentioned above. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Bihar Patna.

2.

The District Collector, Samastipur, District-Samastipur. 3.

Samastipur Nagar Nigam (the erstwhile Samastipur Nagar Parishad) through its Executive Officer, Administrative Block, Samastipur Nagar Parishad Office, Samastipur, District-Samastipur.

4.

The Municipal Commissioner, Samastipur Nagar Nigam, Samastipur, District-Samastipur.

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

For the Petitioner/s :

Mr. S. H. Majeed, Adv.

For the Respondent/s :

Mr.Abbas Haider (Sc6) For Res. No. 3 and 4 Mr. Durga Nand Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-11-2023 Learned counsel appearing on behalf of the petitioner is permitted to amend the cause title by making the Municipal Commissioner, Samastipur Nagar Nigam, Samastipur, as party Respondent No. 4.

2. Learned counsel appearing on behalf of the Respondent No. 3 states that the direction may be given to the petitioner to make a fresh representation before the Municipal Commissioner, Samastipur Nagar Nigam, Samastipur

Patna High Court CWJC No.9327 of 2023(3) dt.02-11-2023 2/3 (Respondent No. 4) along with the supporting documents and the Municipal Commissioner, Samastipur Nagar Nigam, Samastipur (Respondent No. 4) may also be directed to consider the said representation. In case claim of the petitioner is found to be genuine the necessary payments will be made.

3. Having regard to the above made submission, the present writ petition is disposed off directing the petitioner to file fresh representation along with the supporting documents before the Municipal Commissioner, Samastipur Nagar Nigam, Samastipur (Respondent No. 4) within a period of three weeks from the date of receipt of a copy of this order. On such representation being made, the Municipal Commissioner, Samastipur Nagar Nigam, Samastipur (Respondent No. 4) shall pass necessary orders for making payments due to the petitioner if the claim is found to be genuine. In case the claim of the petitioner is not found to be genuine, the Municipal Commissioner, Samastipur Nagar Nigam, Samastipur (Respondent No. 4) shall pass a speaking order giving reasons for the rejection. The entire exercise shall be completed as expeditiously as possibly preferably within a period of eight weeks from the date of receipt of the copy of the representation. Any order passed shall be communicated to

Patna High Court CWJC No.9327 of 2023(3) dt.02-11-2023 3/3 the petitioner.

4. With the aforesaid observations, the present writ petition stands disposed off.

(A. Abhishek Reddy , J) Bhardwaj/- U