Brahmdeo Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15993 of 2021 ====================================================== Brahmdeo Mahto Son of Late Jhuri Mahto, Resident of Khalasi Mohalla, P.O. and P.S.-Jamalpur, Dist.-Munger ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Deputy Secretary-Cum-Director, Urban Development and Housing Department, Govt. of Bihar, Patna.

4.

Special Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

5.

The District Magistrate, Munger.

6.

Mayor, the then Chairman, Munger Municipal Corporation, Munger. 7.

The Municipal Commissioner-cum-Executive Officer, Municipal Corporation, Munger.

8.

Treasury Officer Munger 9.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr.Kinkar Kumar ( SC-9 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) For issuance of an appropriate respondents to accept the proceeding of Municipal Corporation, Munger and especially proposal no. 9(C) which was forwarded by Chairman of Municipal Corporation to the respondent,

Patna High Court CWJC No.15993 of 2021(2) dt.18-01-2024 2/3 Principal Secretary of Urban Development and Housing Department through the Commissioner, Municipal Corporation, Munger for withdrawing the dismissal order of the petitioner since in the General Monthly Meeting of the Corporators held on 30.08.201 unanimous decision was taken by them in this regard to keep dismissal order in abeyance till pendency of the case.

(ii) For issuance of an appropriate respondent, Principal Secretary, Urban Development and Housing Department to accept the proposal of Commissioner, Municipal Corporation, Munger contained in letter no. 16 dated 15.06.2021 whereby and whereunder he asked for a guideline from him for withdrawing order of dismissal of the petitioner in the like manner as has been done in case of Ram Kumar Rai, Junior Engineer, Municipal Corporation, Munger who was also made as accused in Kotwali P.S. Case No. 66/13 alongwith the petitioner and his case was decided by the Appellate Authority on 03.05.2019 and appropriate order was passed whereby dismissal order was set aside on the ground that the procedural

Patna High Court CWJC No.15993 of 2021(2) dt.18-01-2024 3/3 aspect has not been dealt with.

(iii) For issuance of an appropriate respondents to give all consequential relief to the petitioner after withdrawing the order or dismissal in like manner as has been done with regard to Ram Kumar Rai, Junior Engineer, posted in Municipal Corporation, Munger. "

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondents authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U