Patna High CourtCWJC/7996/2017disposal with observation

Suyash Kumar And ORS v. The State Of Bihar And ORS

2018-10-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7996 of 2017 ===========================================================

1. Suyash Kumar Son of Pratap Narayan Mandal Resident of Mohalla Prem Nagar (Newalal Chauk), P.S. K. Hat, District. Purnea.

2. Manoj Kumar Son of late Sukhlal Prasad Yadav resident of Mohalla- Ram Bagh, P.S. Sadar, District- Purnea.

3. Santosh Kumar Son of late Chhotan Ram Resident of Mohalla Amla tola, Madhubani, P.S. K. Hat, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna.

2. The District Magistrate, Purnea.

3. The Executive Officer/Municipal Commissioner, Nagar Nigam, Purnea. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad, Advocate Mr. Mukesh Kumar Jha, Advocate For the Respondent/s : Mr. Subhash Prasad Singh-GA3 For Nagar Nigam : Mr. Bijendra Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 05-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners submits that the facts of the present case are identical to the case of C.W.J.C. No. 3933 of 2017 (Amit Kumar Rastogi & Ors. Vs. The State of Bihar & Ors.), the aforesaid judgment squarely covers the issue involved in the present case.

In such view of the matter, the concerned authority is directed to examine the facts, law and prayer of the case of the

Patna High Court CWJC No.7996 of 2017 dt.05-10-2018 2 /2 petitioners and if it is found that present case is squarely covered by the aforesaid case, the same benefit should also be extended to the petitioners.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny AFR/NAFR NAFR CAV DATE NA Uploading Date12.10.2018 Transmission Date NA