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Patna High CourtCWJC/19066/2021disposed

Suresh Kumar v. The State Of Bihar Through The Chief Secretary,

2022-07-06Mr. Justice Shailendra Singh,Mr. Justice Rajan Gupta11 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19066 of 2021 ====================================================== Suresh Kumar (male), aged about 51 years, Son of Krishna Mohan Prasad Resident of Laxmi Chowk, Brahmpura, P.O. - M.I.T., P.S. Brahmpura, District - Muzaffarpur, Presently Mayor of Muzaffarpur Municipal Corporation, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

The District Magistrate, Muzaffarpur.

4.

The Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur, District Muzaffarpur 5.

Sri Manmardan Shukla son of not known to the petitioner Presently Deputy Mayor, Muzaffarpur Municipal Corporation Muzaffarpur, District6. Smt. Gayatri Chaudhary (female) wife of not known to the petitioner, 7.

Sri Rakesh Kumar (male) Son of not known to the petitioner Elected Ward 8.

Sri Hariom Kumar (male), son of not known to the petitioner Elected Ward 9.

Smt. Seema Kumari (female), Wife of not known to the petitioner Elected 10.

Sri Javed Akhtar (male), son of not known to the petitioner Elected Ward 11.

Smt. Sushma Devi (female), wife of not known to the petitioner Elected 12.

Smt. Shashi Devi (female), Wife of not known to the petitioner Elected Ward

2/11 13.

Md. Enamul Haque (male), Son of not known to the petitioner Elected Ward 14.

Sri Abhimanyu Kumar (male), Son of not known to the petitioner Elected 15.

Smt. Pramila Devi (female), Wife of not known to the petitioner Elected 16.

Smt. Shahnaz Khatoon (female), wife of not known to the petitioner Elected 17.

Smt. Sunita Bharti (female), wife of not known to the petitioner Elected 18.

Sri Ratan Sharma (male), son of not known to the petitioner Elected Ward 19.

Smt. Anju Kumari (female), wife of not known to the petitioner Elected 20.

Sri Pawan Kumar Ram (male), son of not known to the petitioner Elected 21.

Sri Vikash Kumar (male), son of not known to the petitioner Elected Ward 22.

Smt. Sanju Devi (female), wife of not known to the petitioner Elected Ward 23.

Smt. Nirmala Devi (female), wife of not known tot he petitioner Elected 24.

Sri Sanjay Kumar Kejriwal (male), son of not known to the petitioner

3/11 25.

Sri Kamleshwar Prasad (male), Son of not known to the petitioner Elected 26.

Sri Rakesh Kumar Sinha (male), son of not known to the petitioner Elected 27.

Smt. Shobha Devi (female), Wife of not known to the petitioner Elected 28.

Sri Santosh Kumar Sharma (male), son of not known to the petitioner 29.

Sri Ajay Kumar Ojha (male), son of not known to the petitioner Elected 30.

Sri Rajiv Kumar (male), son of not known to the petitioner Elected Ward 31.

Smt. Ranju Sinha (female), son of not known to the petitioner Elected Ward 32.

Smt. Surbhi Shikha (female), son of not known to the petitioner Elected 33.

Smt. Rupam Kumari (female), Wife of not known to the petitioner Elected 34.

Smt. Geeta Devi (female), Wife of not known to the petitioner Elected Ward 35.

Smt. Reshmi Ara (female), Wife of not known to the petitioner Elected Ward 36.

Smt. Saleha Khatoon (female), Wife of not known to the petitioner Elected

4/11 37.

Smt. Abha Ranjann (female), Wife of not known to the petitioner Elected 38.

Smt. Priyanka Sharma (female), Wife of not known to the petioner Elected 39.

Smt. Gargi Singh (female), wife of not known to the petitioner Elected Ward 40.

Smt. Shabana Praveen (female), Wife of not known to the petitoner Elected 41.

Smt. Manju Devi (female), wife of not known to the petitioner Elected Ward 42.

Sri Abdul Baki (male), son of not known to the petitioner Elected Ward 43.

Smt. Seema Jha (female), wife of not known to the petitioner Elected Ward 44.

Smt. Archana Pandit (female), Wife of not known to the petitioner Elected 45.

Smt. Shaheda Khatoon (female), Wife of not known to the petitioner Elected 46.

Md. Sheru Ahmad (male), son of not known to the petitioner Elected Ward 47.

Sri Shiv Shankar Mahto (male), Son of not known to the petitioner Elected 48.

Sri Nand Kumar Prasad Sah (male), Son of not known to the petitioner

5/11 49.

Smt. Geeta Devi (female), Wife of not known to the petitioner Elected Ward 50.

Md. Hasan (male), son of not known to the petitioner Elected Ward 51.

Smt. Nilam Gupta (female), Wife of not known to the petitioner Elected ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 13399 of 2021 ====================================================== Suresh Kumar (male), aged about- 51 years, Son of Krishna Mohan Prasad Resident of Laxmi Chowk, Brahmpura, P.O.- M.I.T., P.S.- Brahmpura, District- Muzaffarpur, presently Mayor of Muzaffarpur Municipal Corporation, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2.

The Additional Chief Secretary Urban Development and Housing Department, Government of Bihar, Patna.

3.

The District Magistrate Muzaffarpur, District- Muzaffarpur. 4.

The Municipal Commissioner Muzaffarpur Municipal Corporation, 5.

Sri Manmardan Shukla (male), Son of not known to the petitioner Presently Deputy Mayor, Muzaffarpur Municipal Corporation, Muzaffarpur, District6. Smt. Gayatri Chaudhary (female), Wife of not known to the petitioner The 7.

Sri Rakesh Kumar (male), Son of not known to the petitioner The Elected 8.

Sri Hariom Kumar (male), Son of not known to the petitioner The Elected

6/11 9.

Smt. Seema Kumari (female), Wife of not known to the petitioner The 10.

Sri Javed Akhtar (male), Son of not known to the petitioner The Elected 11.

Smt. Sushma Devi (female), Wife of not known to the petitioner The Elected 12.

Smt. Shashi Devi (female), Wife of not known to the petitioner The Elected 13.

Md. Enamul Haque (male), Son of not known to the petitioner The Elected 14.

Sri Abhimanyu Kumar (male), Son of not known to the petitioner The 15.

Smt. Pramila Devi (female), Wife of not known to the petitioner The Elected 16.

Smt. Shahnaz Khatoon (female), Wife of not known to the petitioner The 17.

Smt. Sunita Bharti (female), Wife of not known to the petitioner The Elected 18.

Sri Ratan Sharma (male), Son of not known to the petitioner The Elected 19.

Smt. Anju Kumari (female), Wife of not known to the petitioner The Elected

7/11 20.

Sri Pawan Kumar Ram (male), Son of not known to the petitioner The 21.

Sri Vikash Kumar (male), Son of not known to the petitioner The Elected 22.

Smt. Sanju Devi (female), Wife of not known to the petitioner The Elected 23.

Smt. Nirmala Devi (female), Wife of not known to the petitioner The 24.

Sri Sanjay Kumar Kejriwal (male), Son of not known to the petitioner The 25.

Sri Kamleshwar Prasad (male), Son of not known to the petitioner The 26.

Sri Rakesh Kumar Sinha (male), Son of not known to the petitioner The 27.

Smt. Shobha Devi (female), Wife of not known to the petitioner The Elected 28.

Sri Santosh Kumar Sharma (male), Son of not known to the petitioner The 29.

Sri Ajay Kumar Ojha (male), Son of not known to the petitioner The Elected 30.

Sri Rajiv Kumar (male), Son of not known to the petitioner The Elected 31.

Smt. Ranju Sinha (female), Wife of not known to the petitioner The Elected

8/11 32.

Smt. Surbhi Shikha (female), Wife of not known to the petitioner The 33.

Smt. Rupam Kumari (female), Wife of not known to the petitioner The 34.

Smt. Geeta Devi (female), Wife of not known to the petitioner The Elected 35.

Smt. Reshmi Ara (female), Wife of not known to the petitioner The Elected 36.

Smt. Saleha Khatoon (female), Wife of not known to the petitioner The 37.

Smt. Abha Ranjan (female), Wife of not known to the petitioner The Elected 38.

Smt. Priyanka Sharma (female), Wife of not known to the petitioner The 39.

Smt. Gargi Singh (female), Wife of not known to the petitioner The Elected 40.

Smt. Shabana Praveen (female), Wife of not known to the petitioner The 41.

Smt. Manju Devi (female), Wife of not known to the petitioner The Elected 42.

Sri Abdul Baki (male), Son of not known to the petitioner The Elected Ward 43.

Smt. Seema Jha (female), Wife of not known to the petitioner The Elected

9/11 44.

Smt. Archana Pandit (female), Wife of not known to the petitioner The 45.

Smt. Shaheda Khatoon (female), Wife of not known to the petitioner The 46.

Md. Sheru Ahmad (male), Son of not known to the petitioner The Elected 47.

Sri Shiv Shankar Mahto (male), Son of not known to the petitioner The 48.

Sri Nand Kumar Prasad Sah (male), Son of not known to the petitioner The 49.

Smt. Geeta Devi (female), Wife of not known to the petitioner The Elected 50.

Md. Hasan (male), Son of not known to the petitioner The Elected Ward 51.

Smt. Nilam Gupta (female), Wife of not known to the petitioner The Elected ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 14733 of 2021 ====================================================== Gajendra Sah (male), aged about 51 years, Son of Late Mansa Sah, Resident of Sangam Chowk, Brahmpura, P.O. - M.I.T., P.S. Brahmpura, District - ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secetary, Urban Development and Housing

10/11 Department, Government of Bihar, Patna.

3.

The Director, Municipal Administration, Urban Development and Housing Department, Government of Bihar, Patna.

4.

The District Magistrate-cum-District Election Officer (Municipality), Muzaffarpur, District - Muzaffarpur.

5.

The Municipal Commissioner, Muzaffarpur Municipal Corporation, 6.

Sri Manmardan Shukla (male), Son of not known to the petitioner, Presently Ward Councilor of Ward No. 26 of Muzaffarpur Municipal Corporation, through the Municipal Commissioner, Muzaffarpur Municipal Corporation, 7.

Smt. Geeta Devi (female), Wife of not known to the petitioner, Presently Ward Councilor of Ward No. 47 of Muzaffarpur Municipal Corporation, through the Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur, District - Muzaffarpur.

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

(In Civil Writ Jurisdiction Case No. 19066 of 2021) For the Petitioner/s :

Mr. Awnish Kumar, Advocate For the Respondent/s :

Mr. Yogendra Pd. Sinha, AAG 7 Mr. Awadhesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 13399 of 2021) For the Petitioner/s :

Mr. Awnish Kumar, Advocate For the Respondent/s :

Mr. Awadhesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 14733 of 2021) For the Petitioner/s :

Mr. S.B.K. Mangalam, Advocate For the Respondent/s :

Mr. Anurag Saurav, Advocate Mr. Abhinav Alok, Advocate Mr. Priyajeet Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 06-07-2022 Mr. S B K Mangalam, learned counsel for the petitioners fairly submits that nothing survives in the petition at present. However, if no action is taken by the State for constitution of Board of Administrator of the elected office bearers in near future, he may be allowed to seek revival of the

11/11 petition by way of a short affidavit.

The writ petitions stand disposed off with aforesaid liberty.

(Rajan Gupta, J) (Shailendra Singh, J) P. Kumar U