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Patna High CourtCWJC/2415/2016disposed

Sanjay Kumar v. Gaya Nagar Nigam And ORS

2016-02-11Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2415 of 2016 ====================================================== Sanjay Kumar S/o Late B.P. Sharma resident of mohalla - New Godown, Jhilganj, Gaya, P.O. - New Godown, Gaya, P.S. - Kotwali, District - Gaya. .... .... Petitioner/s

Versus

1. Gaya Nagar Nigam through its Chief Executive Officer at P.O. - HPO, Gaya, P.S. - Civil Line, Gaya; District - Gaya.

2. Chief Executive Officer cum Administrator, Gaya Nagar Nigam, at P.O. - HPO, Gaya; P.S. - Civil Line, Gaya; District - Gaya.

3. The Municipal Commissioner, Gaya Nagar Nigam, at P.O. - HPO, Gaya; P.S. - Civil Line, Gaya; District - Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kuber Pathak, Advocate For the Respondent/s : Mr. Rabindra Kumar Priyadarshi ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 11-02-2016 The petitioner is aggrieved by the notice dated 14.5.2015 present at Annexure-6 whereby the petitioner has been asked to substantiate as to the order under which he is carrying out the maintenance of the toilets situated at 10 places mentioned in the notice.

Mr. Y.V. Giri, learned senior counsel appearing for the petitioner with reference to an agreement present at Annexure2 submits that the agreement is for 30 years and the maintenance is being carried out since 1998. He submits that although this fact has been brought to the attention of the Town Commissioner, Gaya Municipal Corporation, yet the issuance of the notice(s) does

Patna High Court CWJC No.2415 of 2016 (2) dt.11-02-2016 not stop and it is for this reason that the petitioner is before this Court.

Having heard Mr. Y.V. Giri, learned senior counsel for the petitioner and Mr. Ravindra Kumar Priyadarshi, counsel for the Gaya Municipal Corporation, I deem it fit and proper at this stage to dispose of the writ petition with a direction to the petitioner to present himself before the Town Commissioner, Gaya Municipal Corporation on 17.2.2016 at 11:00 a.m. along with supportive documents as well as written submissions in response to the notice dated 14.5.2015 and the Town Commissioner would consider and dispose of the matter after opportunity of hearing to the petitioner by a speaking order bringing the dispute to a final rest.

The writ petition is disposed of.

(Jyoti Saran, J) S.Sb/- U