Md. Shahid Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8939 of 2014 ======================================================

1. Md. Shahid Alam son of Mahmood Alam Resident of Mohalla - Pokhra, Madhuban Colony, Ward No. 5, P.S. Hajipur Town, District - Vaishali at Hajipur .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

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

3. The District Magistrate, Vaishali at Hajipur, District Vaishali at Hajipur

4. The Nagar Parishad, Hajipur through the Chief Executive Officer District - Vaishali at Hajipur

5. The Chief Executive Officer, Nagar Parishad, Hajipur, District - Vaishali at Hajipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Man Mohan Kumar, Adv. For the Respondent/s : Mr. M.K. Singh, SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 06-07-2015 Learned counsel for the parties are present.

By the order impugned dated 6.11.2013 the allotment in the name of the father of the petitioner namely Mahmood Alam in respect of a shop No.154 situated within the Nagar Parishad, Hajipur has been cancelled.

Although the addressee of the cancellation order namely Mahmood Alam has not approached this Court to question the order but the writ petition has been preferred by his son even when the said Mahmood Alam is yet alive.

In the circumstances where the cancellation order is directed

Patna High Court CWJC No.8939 of 2014 (2) dt.06-07-2015 2/2 against the father of the petitioner who is yet alive, the petitioner cannot be permitted to espouse his cause as he is not the person aggrieved.

The writ petition is misconceived and is disposed of accordingly.

(Jyoti Saran, J) Bibhash/- U