Rajeev Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14510 of 2022 ====================================================== Rajeev Ranjan S/o- Late Ramsevak Sahu, Resident of Mohalla- Ward No. 40, Bishnupur Road, Bishanpur, Begusarai, Mirjapur Bandvar, P.S.- Nagar, District- Begusarai, Bihar, Pin- 851129 ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The State of Bihar through Principal Secretary, Urban Development Department, Bihar, Patna.
3.
The Divisional Commissioner, Munger Division, Munger-cum-First Appellate Authority, Munger 4.
The Municipal Commissioner, Begusarai.
5.
The District Magistrate, Begusarai, District- Begusarai. 6.
The District Public Grievance Redressal Officer, Begusarai. 7.
Sunil Kumar S/o- Late Ramsewak Sahu, Resident of Mohalla- Ward No. 40, Bishnupur Road, Bishanpur, Begusarai, Mirjapur Bandvar, P.S.- Nagar, District- Begusarai, Bihar, Pin- 851129 ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nand Kishore Prasad Sinha, Adv.
Mr. Manoj Kumar, Adv.
For the Municipal Corporation :
Mr. Ravi Bhushan Verma, Adv.
For the Resp No.7 :
Mr. R.D. Sah, Adv.
For the State :
Mr. Rakesh Ambastha, AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 18-09-2023 Heard Mr. Nand Kishore Prasad Sinha, learned counsel appearing on behalf of the petitioner, Mr. Ravi Bhushan Verma, learned counsel for the Municipal Corporation, Begusarai, Mr. R.D. Sah, learned counsel for the respondent no.7 and Mr. Rakesh Ambastha, learned counsel for the State.
2. The petitioner by filing the present writ application seeks following relief(s):
Patna High Court CWJC No.14510 of 2022 dt.18-09-2023 2/3 "(i) For issuance of an appropriate writ for quashing the order dated 24.09.2022 passed by the Divisional Commissioner, Munger Division -cumFirst Appellate Authority, Munger Case No. 420110202032202834/1A whereby the Municipal Corporation, Begusarai has been directed to comply the earlier order and submit the Report after fixing the Responsibility of the officer who are responsible for non-compliance of the order and fixed the date.
(ii) For issuance of an appropriate writ in quashing the Memo No. 1430 dated 29.09.2022 issued by the Municipal Corporation, Begusarai whereby and whereunder the petitioner has been directed to remove the deviation as order on 09.05.2022 /tin Case No. 9/2022 contained in Annexure-6.
(iii) For any other relief or reliefs for which the petitioners are entitled under law as well as on the facts of the case."
3. After some arguments, learned counsel for the petitioner fairly submits that against the order dated 09.05.2022 (Annexure-3) passed by the Municipal Commissioner, Begusarai in Case No. 9/2020-21, the petitioner has also preferred an appeal before the Municipal Tribunal, Patna, bearing Appeal No.4(N) of 2022. He further submits that since the Municipal Tribunal, Patna was not properly functional in absence of the presiding officer, the petitioner has been compelled to file the present writ application
Patna High Court CWJC No.14510 of 2022 dt.18-09-2023 3/3 before the Court.
4. Learned counsel for the Municipal Corporation, submits that now the Municipal Tribunal, Patna is functioning properly and the petitioner may raise and pursue his grievance before it.
5. In view of the aforesaid facts, the present writ application stands disposed of with a liberty to the petitioner to pursue his appeal, pending before the Municipal Tribunal, Patna.
(Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19-09-2023 Transmission Date