Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18296 of 2024 ====================================================== Suresh Prasad S/o Late Basant Mahato R/o- Vidyapith Chouk, English, Ward no.- 4, P.S. and District- Lakhisarai.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Urban Department, Government of Bihar, Patna. 3.

The District Magistrate, Lakhisarai.

4.

The Circle Officer, District- Lakhisarai.

5.

The Executive Officer, Nagar Parishad, Lakhisarai, District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Kant, Adv.

Mr. Navin Kumar, Adv.

Mr. Sudhanshu Prakash, Adv.

For the Respondent/s :

Mr.Government Pleader 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-12-2024 Though the present writ petition has been filed for quashing the notice dated 12.11.2024, issued by the Executive Officer, Nagar Parishad, Lakhisarai, i.e. the Respondent No. 5, however, the learned counsel appearing for the Respondent No. 5 fairly admits that the aforesaid notice dated 12.11.2024 is not in consonance with the prevailing law, hence, he submits that the petitioner may file his objections within a period of two weeks from today, which shall definitely be considered by the Respondent No. 5, in accordance with law and a final order shall be passed thereon, forthwith.

2.

At this juncture, the learned counsel for the petitioner

Patna High Court CWJC No.18296 of 2024(2) dt.03-12-2024 2/2 seeks liberty on behalf of the petitioner to file his objection / representation before the Respondent No. 5 within a period of two weeks from today, however, seeks some protection during the interregnum period. Liberty so sought is granted.

3. It is needless to state that in case the petitioner files his objections before the respondent no. 5, within a period of two weeks from today, the same shall be considered by the Respondent No. 5, in accordance with law and the final order shall be passed thereon within a period of four weeks, thereafter and till then, no coercive action shall be taken against the petitioner.

4. It is clarified that in case, no objection / representation is filed by the petitioner within a period of two weeks from today, the Respondent No. 5 shall nonetheless, proceed to pass the final order, ex-parte.

5.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U