Md. Masrurul Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16089 of 2022 ====================================================== 1.

Md. Masrurul Hassan son of Md. Manzurul Hasan @ Md. Mazrul Hasan, (lease dated 01 July 2000 and holder of Shop No. 99 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), resident of Mohalla- Laxmi Narayan Road, Islampur, P.S.- Town, District- Muzaffarpur. 2.

Manoj Kumar son of Late Upendra Kishore Gupta, (Lease dated 01 Feb. 2010 and holder of Shop No. 80 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), resident of Mohalla- Purani Dharmshala, P.S.- Town, District- Muzaffarpur. 3.

Narendra Kishore Prasad Son of Late Rameshwar Chaudhary, (Lease dated 01 Feb. 2010 and holder of Shop No. 49 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), resident of MohallaBank Road, P.S. Town, District- Muzaffarpur. 4.

Sanjay Kumar Jain Son of Late Puran Chandra Jain, (Lease dated 01 July 1994 and holder of Shop No. 81 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), resident of Mohalla- Bank Road, P.S. Town, District- Muzaffarpur.

5.

Navin Jain son of Dinesh Kumar Jain, (Lease dated 10 May 2000 and holder of Shop No. 105 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), resident of Village- Islampur, Laxmi Narayan Road, P.S. Town, District- Muzaffarpur.

6.

Ravindra Nath Gupta @ Ravindra Kumar Gupta son of Late Bhagwan Das Gupta, (Lease dated 01 July 1983 and holder of Shop No. 76 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), resident of Mohalla- Nirala Nagar, Gaushala road, P.S.- Mithanpura DistrictMuzaffarpur. 7.

Rakesh Kumar Jayaswal son of late Ram Narayan Chaudhary, (Lease holder of Shop No. 106 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), resident of Mohalla- Laxmi Narayan Road, Islampur, P.S.- Town District- Muzaffarpur.

8.

Anil Kumar Agrawal Son of Radheshyam Agrawal, (Lease dated 01 Feb. 2010 and holder of Shop No. 100 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), At present Resident of 1/25 Chaturvedi Compound, Firojabad, P.S.- Nagar, District- Firojabad (U.P.). 9.

Sachin Binjrajka son of Late Kailash Prasad Binjrajka, Lease holder of Shop No. 99 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex, resident of Mohalla- Saraiyanj, Company Bagh, P.S.- Town, District- Muzaffarpur.

10.

Jamal Ahmad @ Md. Naseem Son of Abdul Gani, (Lease dated 01 July 1994 and holder of Shop No. 98 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), resident of Mohalla- Saraiyaganj, Laxmi Narayan Road, Islampur, P.S.- Town District- Muzaffarpur. 11.

Sunil Kumar son of late Raghunath Prasad @ Raghunath Sah, Lease dated 05-02-1993 and holder of Shop No. 82 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex, resident of Mohalla-

Patna High Court CWJC No.16089 of 2022(2) dt.08-08-2023 2/3 Juran Chhapra, P.S.- Town District- Muzaffarpur. 12.

Syed Imdad Haidar Rizvi son of Sayed Mazhar Imam, Lease dated 01-02-10 and holder of Shop No. 69 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), resident of Mohalla- Karma, Chandwara, P.S.- Town District- Muzaffarpur.

13.

Nehal Ahmad son of Mehmood Alam, (Lease dated 01 April 2002 and holder of Shop No. 87 of Muzaffarpur Municipal Corporation situated in Bank Road Market Complex), resident of Mohalla- Maripur, P.S.- Kazimohammadpur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 2.

Mayor, Municipal Corporation, Muzaffarpur.

3.

The Deputy Mayor, Municipal Corporation, Muzaffarpur. 4.

The Municipal Commissioner, Municipal Corporation, Muzaffarpur. 5.

The Deputy Municipal Commissioner, Municipal Corporation, Muzaffarpur. 6.

The Incharge, Stall Branch Room No.04, Municipal Corporation, Muzaffarpur.

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Advocate For the Respondent/s :

Mr.Kinkar Kumar ( SC 9 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2023 Heard the parties.

The petitioners have approached this Court for a simple prayer; the Muzaffarpur Municipal Corporation under whose jurisdiction there were having shops consider their representation for renewal of their tenancy so that they can pursue their business and will be deligently paying the rent. Learned counsel appearing for the Muzaffarpur Municipal Corporation submits that if the petitioners prefer

Patna High Court CWJC No.16089 of 2022(2) dt.08-08-2023 3/3 their separate representation along with up-to-date rent payment, the same can be considered an appropriate order will be passed. In that view of the matter, the writ petition stands diposed of with liberty to the petitioners to prefer representation within four weeks from today. If such separate representation is being filed armed with up-to-date rent receipt, the respondent no.4 shall be taking up decision within a period of next three months.

The writ petition stands disposed of with aforesaid liberty.

(Rajiv Roy, J) Prakash Narayan U