Raj Kumar Kejriwal v. Bhagalpur Municipal Corporation And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14708 of 2014 ====================================================== Raj Kumar Kejriwal, son of Late Murlidhar Kejriwal, C/o Murli Textile Pvt. Ltd., situated at Sutapatti, Sujaganj, P.S.- Kotwali, District- Bhagalpur, at present residing at D-22, Sector-5, Devendra Nagar, P.S.- Mova, DistrictRajpur (Chhattisgarh). .... .... Petitioner/s

Versus

1. Bhagalpur Municipal Corporation, Adampur, P.S. Adampur, DistrictBhagalpur, through its Commissioner.

2. The Municipal Commissioner, Adampur, P.S.- Adampur, DistrictBhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Kumar Malhotra, Sr. Adv. with Mr. Binod Kumar Sinha For the Respondent/s : Mr. Manoj Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03-11-2015 Mr. Naresh Kumar Malhotra, learned senior counsel appearing on behalf of the petitioner and Mr. Manoj Kumar Sinha, learned counsel appearing for the Bhagalpur Municipality are present and have been heard.

It is submitted by Mr. Malhotra, learned senior counsel appearing for the petitioner that the petitioner seeks to challenge the order dated 21.8.2009 passed by the Municipal Commissioner, Bhagalpur in Case No.39 of 2009-10 by way of this writ petition since at the relevant time the Municipal Building Tribunal constituted under section 329 of the Bihar Municipal Act, 2007 (hereinafter referred to as 'the Act') was not functional, but now that the Tribunal is functional hence he

Patna High Court CWJC No.14708 of 2014 (3) dt.03-11-2015 may be permitted to withdraw this writ petition to exhaust the appellate remedy so available to the petitioner under section 323(3) of 'the Act'. Prayer is allowed.

The writ petition is accordingly disposed of. (Jyoti Saran, J) SKPathak/- U