Bhagwat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17994 of 2022 ====================================================== Bhagwat Rai S/o Sri Raja Ray a resident of Village- Mirpur Bhual, P.O. and P.S.- Dighwara, District- Saran.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Saran at Chapra.

3.

The then Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Saran at Chapra.

4.

The Additional Collector-cum- Chief Executive Officer, Zila Parishad, Saran at Chapra.

5.

The District Engineer, Zila Parishad, Saran at Chapra. 6.

The Assistant Engineer, Zila Parishad, Saran at Chapra. 7.

The Junior Engineer, Zila Parishad, Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitesh Kumar, Advocate Mr. Sumit Kumar, Advocate For the Zila Parishad :

Mr. Nikesh Kumar, Advocate For the State :

Mr. Kinkar Kumar, SC 9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 30-01-2023 Petitioner has prayed for the following relief(s) :- "1. That this is an application for issuance of a writ in the nature of certiorari for quashing the letter no. 4 dated 9.3.2022 issued by the respondent no. 3 whereby and whereunder the allotment of shop no. 79 has been cancelled on the ground of irregularities in allotment, without giving the petitioner any notice, or any opportunity of being heard before issuing the order

Patna High Court CWJC No.17994 of 2022 dt.30-01-2023 2/2 of cancellation of allotment of shop in most arbitrary and illegal manner and to grant any other relief/reliefs to which the petitioner is found entitled to including the cost of this proceeding."

Learned counsel for the petitioner as well as learned counsel for the respondents jointly state that the present petition can be disposed of in the light of the decisions dated 09.01.2023 rendered by this Court in CWJC No.6312 of 2022, titled as Md. Sabir Ansari & Ors. Vs. The State of Bihar & Ors and other analogous cases.

As such, as jointly prayed for, the instant petition stands disposed of in terms of judgment rendered in Md. Sabir Ansari (supra) and the directions contained therein shall also govern the instant case mutatis mutandi, to the extent possible.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Prakash/Sujit AFR/NAFR CAV DATE Uploading Date Transmission Date