Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17175 of 2022 ====================================================== Md. Irfan Son of Late Jamaluddin, resident of village - Mangarh, P.S. Dharhara, District - Munger.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Munger.

3.

The Municipality (Nagar Parishad) Jamalpur, Munger, through its Chairman. 4.

The Chairman, Municipality (Nagar Parishad) Jamalpur, Munger. 5.

The Executive Officer, Municipality (Nagar Parishad) Jamalpur, Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abdul Mannan Khan, Advocate Mr. Binay Kumar, Advocate For the State :

Mr. Subhash Prasad Singh, GA- 3 For Municipal Corporation :

Mr. Anjani Kumar, Sr. Advocate Mr. Amit Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-09-2023 1.

At the very outset, learned counsel for the Munger Municipal Corporation submits that the issue now is concerning the Municipal Corporation, Jamalpur and Munger Municipal Corporation has wrongly been impleaded as party. 2.

Learned counsel for the petitioner submits that on 13-07-2022, petitioner has submitted application for enhancement of subsistence allowance before the Executive Officer, Municipality (Nagar Parishad) Jamalpur, Munger (respondent No. 5).

3.

Learned counsel for the petitioner further submits

Patna High Court CWJC No.17175 of 2022(2) dt.21-09-2023 2/2 that the petitioner's grievance is against Nagar Parishad Jamalpur and not Nagar Parishad Munger. Since the issue is to be considered by the respondent No. 5, the writ application need not be kept pending.

4.

If the petitioner serves copy of this order upon respondent No. 5 within four weeks, along with copy of the representation dated 13-07-2022, respondent No. 5 would be under an obligation to consider the same and pass a reasoned and speaking order within eight weeks thereafter. 5.

Writ petition is disposed of.

(Madhuresh Prasad, J) Raj kishore/- U