Patna High Court
Ajay Kumar Singh vs The State Of Bihar on 2 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11599 of 2021
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Ajay Kumar Singh Son of Lalan Prasad Singh resident of Laxmipur, Ward
No. 4, Raxaul, P.S. Raxaul, District East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development
Department, Government of Bihar, Patna.
2. Municipal Council Raxaul through its Executive Officer.
3. The Executive Officer, Nagar Parishad, Raxaul.
4. The Chairman, Municipal Council, Raxaul, East Champaran.
5. The Collector, East Champaran, Motihari.
6. The Sub- Divisional Officer, Raxaul.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajan
Mr. Rajnish Shandilya
Mr. Sanjay Kumar Tiwari, Advocates
For the Respondent/s : Mr.Subhash Prasad Singh ( Ga 3 )
M/s Sanjay Kumar Singh
Devi Das Srivastava,
Uma Kant Prasad, Advocates
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through
Video Conferencing and the Advocates joined the proceedings
through Video Conferencing from their residence.)
Date : 02-08-2021
Heard learned counsel for the parties.
Petitioner has prayed for following reliefs:-
(I) To direct respondents State for exercising its
general power of Direction and Control as contemplated
under Chapter VIII of the Bihar Municipal Act,2017
(hereinafter referred to as the Act,2007) as to direct the
Executive Officer of Raxaul Municipal Council for
Patna High Court CWJC No.11599 of 2021 dt.02-08-2021
passing necessary order in terms of Section 345 and 346
of the Act-2007, for prohibition of unlicensed activities
i.e. trade of butcher, fish-monger, poulterer and importer
of flesh intended for human food without municipal
licence, and for not to carry on such business activities
other than specified place under the licence issued by
the competent authority.
(II) To direct 'the Executive Officer, Municipal
Council, Raxaul for passing necessary order/directions
and taking steps under the law for prohibition of
unlicenced activities within the Municipal area i.e. trade
of butcher, fish-monger, poulterer and importer of flesh
intended for human food on any land and building other
than the specified place under the Municipal licence.
(III) To direct the respondent no.2 to specify the
market place and establish a separate market within the
Municipal area for sale of fish, flesh and poultry within
the Raxaul Municipal Council.
(IV) To direct the respondent no.2 as to make
compliance of the order/instructions/directions of the
Urban Development Department, Government of Bihar,
Patna.
(V) Any other relief(s) which may deem fit and
proper in the facts and circumstances of the case."
In view of the submissions made in the counter
affidavit particularly in paragraph no.3(iv) and 11 that the
Empowered Standing Committee unanimously passed
resolution dated 21.12.2019 for purchasing of land for
construction of slaughter house in Raxaul area and for good
health and better environment, notices were already issued to
Patna High Court CWJC No.11599 of 2021 dt.02-08-2021
the shopkeepers for removal of shops of fish, flesh, poultry etc.
as well as for construction of a separate shops for the same, this
writ petition stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.08.2021
Transmission Date NA
