Patna High CourtCWJC/9918/2014disposed

Kanhaiya Agrawal v. The State Of Bihar And ORS

2015-09-14Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9918 of 2014 ====================================================== Kanhaiya Agrawal son of Prahlad Lal Agrawal, resident of Ward No. 14, Devi Asthan Narkatiaganj, P.S. - Shikarpur, District - West Champaran (Bettiah), at present Dy. Chief Councilor Nagar Parishad Narkatiaganj, District - West Champaran (Bettiah).

.... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary Govt. of Bihar, Patna.

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

3. The State Election Commission through State Selection Commissioner, Bihar, Patna.

4. The District Magistrate, West Champaran (Bettiah).

5. The Chief Councilor Nagar Parishad Narkatiaganj, West Champaran (Bettiah).

6. The Chief Municipal Officer-cum-Executive Officer, Nagar Parishad, Narkatiaganj, West Champaran.

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

For the Petitioner/s : Mr. Sachindra Kumar Tiwary, Advocate For the Respondent/s : Mr. P.K. Verma, AAG-V ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-09-2015 The petitioner in this writ petition prays for declaration that the post of Deputy Chief Councillor / Deputy Mayor be declared as municipal authorities within the meaning of Section 20(1)(a) of the Bihar Municipal Act, 2007 (hereinafter referred to as 'the Act') as also for a direction that the provisions of Section 25(4) of 'the Act' could not be applicable to the case of Deputy Chief Councillor / Deputy Mayor in absence of any statutory duties so enshrined against the post.

Patna High Court CWJC No.9918 of 2014 (2) dt.14-09-2015 An identical issue came up for consideration before this Court in CWJC No. 9171 of 2014 and which stands disposed preserving liberty for the petitioner to take recourse to such other remedy as available to him in law. This writ petition raising identical issues and containing identical reliefs stands disposed in terms of the order passed in CWJC No. 9171 of 2014. (Jyoti Saran, J) S.Sb/- U