Patna High CourtL.P.A/1219/2016disposed

Dr. Firoj Khan And ORS v. The State Of Bihar And ORS

2017-07-282 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1219 of 2016 IN Civil Writ Jurisdiction Case No. 3908 of 2015 ===========================================================

1. Dr. Firoj Khan Son of Late Mojib Ali Khan resident of Mohalla - Faizullah Khan, Ward No. 27, P.S. Laherisarai, District - Darbhanga

2. Vishwanath Sharma Son of Sampat Lal Sharma resident of Mohalla - Lalbagh Marwari School Road, P.S. Town, District - Darbhanga

3. Rakesh Kumar Son of Yugal Kishore Prasad resident of Mohalla - Donar, Ward No. 17, P.S. Sadar, District - Darbhanga .... .... Appellant/s

Versus

1. The State of Bihar

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

3. The District Collector, Darbhanga

4. The Darbhanga Municipal Corporation, Darbhanga through its Mayor

5. The Municipal Commissioner, Darbhanga Municipal Corporation, Darbhanga .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Sanjeev Kumar Jha, Adv Mr. Pankaj Kumar, Adv For the Respondent/s : Mr. Vivek Prasad, G.P.-18 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 28-07-2017 Re:-Interlocutory Application No. 5798 of 2016 The Interlocutory Application has been filed for condonation of delay in filing of the appeal. On the ground mentioned in the Interlocutory Application, the delay in filing of the appeal is condoned. Accordingly the Interlocutory Application stands

Patna High Court LPA No.1219 of 2016 dt.28-07-2017 2/2 allowed and disposed of.

Re:-Letters Patent Appeal No. 1219 of 2016 Keeping in view the fact that the impugned action has been taken on the basis of settlement entered into between the Shopkeepers' Association and the Corporation, we are not inclined to interfere into the matter. However, liberty shall be available to the petitioners to challenge the individual action, in accordance with law. With the aforesaid the appeal stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05/08/2017 Transmission Date NA