Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12603 of 2023 ====================================================== Subhash Kumar Son of Late Raja Yadav Resident of Village-Amarpura Bhawanichak, P.O. Amarpura, P.S. Naubatpur, District-Patna, Presently Ward Councilor of Ward No.12, Nagar Panchayat, Naubatpur, P.O. and P.S. Naubatpur, District-Patna.

... ... 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 Divisional Commissioner-Cum-Lok Prahari, Patna Division, Patna. 4.

The District Magistrate, Patna, District-Patna. 5.

The Deputy Development Commissioner, Patna, District -Patna. 6.

The Sub-Divisional Officer, Danapur, District-Patna. 7.

The Executive Officer, Nagar Panchayat, Naubatpur, P.O. and P.S. Naubatpur, District-Patna.

8.

Satyug Mochi Son of Late Ganauri Mochi Presently Chief Counsilor, Nagar Panchayat Naubatpur, P.O. and P.S. Naubatpur, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.B.K. Manglam, Advocate Mr.Awnish Kumar, Advocate For the State :

Mr. Kinkar Kumar (Sc9) Mr. Yogesh Kumar Advocate For respondent nos.7 & 8:

Mr. Lalit Kishore, Sr. Advocate Mr. Ayush Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-01-2024 Heard S.B.K. Manglam along with Mr.Awnish Kumar, learned counsels appearing on behalf of the petitioner; Mr. Kinkar Kumar, learned SC 9 for the State and Mr. Lalit Kishore, learned senior counsel along side Mr. Ayush Kumar, learned counsel for respondent nos.7 and 8.

2. Learned counsel appearing on behalf of the

Patna High Court CWJC No.12603 of 2023(3) dt.23-01-2024 2/2 petitioner informs that petitioner has already filed a detailed allegation petition before respondent no.2 under Section 25(5) of the Bihar Municipal Act, 2007, however, in want of inquiry report submitted by the Lok Parhari, no action is being taken by the respondent no.2.

3. Considering the aforesaid information given on behalf of the petitioner by learned counsel, the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna is directed to look into the allegation made against the chief councillor and may take appropriate action, so that the people at large may not get affected and government scheme is also not defeated in its execution, in any manner and at the same time, the concerned Chief Councillor may not act in any illegal manner. The action is required to be taken after giving due opportunity of hearing to all the interested parties in accordance with law, preferably within a period of six weeks.

4. With aforesaid observation and direction, the present writ petition is disposed of.

(Purnendu Singh, J) Sanjay/- U