Munna Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22903 of 2013 ====================================================== Munna Thakur, Son of Sakaldeo Thakur Resident of Village - Puraini Bazar, P.S. Puraini Bazar, District - Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Madhepura.

3. The Dy. Development Commissioner/Chief Executive Officer, Zila Parishad, Madhepura.

4. Chairman, Zila Parishad, Madhepura.

5. Chandrahas Sahni, Son of Shiv Sahni, Resident of Village- Puraini Bazar, Block and P.S. Puraini Bazar, District - Madhepura.

6. Dukha Bhagat, Son of Ramchandra Bhagat, Resident of Village - Durgapur, Block and P.S. Durgapur, District - Madhepura.

7. Raj Kumar Bhagat, Son of Suresh Bhagat, Resident of Village - Barhauna, Block and P.S. Puraini Bazar, District - Madhepura.

8. Sangita Devi, Wife of Raj Kumar Bhagat, Resident of Village - Barhauna, Block and P.S. Puraini Bazar, District - Madhepura.

9. Awadhesh Kumar, Son of Sashi Kr. Mehta, Resident of + Block + P.S. Puraini Bazar, District - Madhepura.

10. Raj Kumar Thakur, Son of Jaleshwar Thakur, Resident of Village + Block + P.S. Puraini Bazar, District - Madhepura.

11. Binod Sahni, Son of Nevy Sahni, Resident of + Block + P.S. Puraini Bazar, District - Madhepura.

12. Kishore Mehra, son of Yogendra Mehra, Resident of Village - Chatanwa, Block & P.S.- Puraini Bazar, District- Madhepura.

13. Kailash Sahni, Son of Shiv Sahni, Resident of Village - Puraini Bazar, Block and P.S. Puraini Bazar, District - Madhepura. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh For the Respondent-State : Mr. Chhotelal Mishra, AC to GA-13 For Zila Parishad, Madhepura : Ms. Sunita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 20-04-2016 Learned counsel for the parties are present.

It is stated by Ms. Sunita Kumari, learned counsel appearing for the Zila Parishad, Madhepura that a counter affidavit has been filed on behalf of the Zila Parishad on 9.10.2015 but the same has not been placed on record by the

Patna High Court CWJC No.22903 of 2013 (2) dt.20-04-2016 office. Office to trace out the same and place it along with the records. She has produced a copy of the counter affidavit. Ms. Sunita Kumari, learned counsel appearing for the Zila Parishad with reference to paragraphs 3 and 4 of the counter affidavit submits that the allotment of shops which has been questioned by the petitioner in this writ petition has since been cancelled and communicated to the concerned persons which is manifest from Annexures- A and B to the counter affidavit. It is further stated in paragraph 5 that the petitioner is not an applicant for allotment of shop.

In the circumstances set forth in the counter affidavit no cause for indulgence is made out and the writ petition is accordingly disposed of.

(Jyoti Saran, J) SKPathak/- U