Citation : 2023 Latest Caselaw 5953 Patna
Judgement Date : 11 December, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6925 of 2023
======================================================
Ram Ayodhya Singh Son of Late Sahdevan Singh, Resident of Village-
Khankulipur, Police Station-Arwal, District-Arwal.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayati Raj
Department, Bihar, Patna.
2. The District Magistrate, Arwal.
3. The Sub-Divisional Magistrate, Arwal.
4. The Nagar Parishad, Arwal through its Executive Officer, Nagar Parishad,
Arwal.
5. The Executive Officer, Nagar Parishad, Arwal.
6. The Empowered Standing Committee Nagar Parishad, Arwal through its
Chairman, Nagar Parishad, Arwal.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Prasad Singh, Advocate
Mr. Rajeev Kumar, Advocate
Mr. Sripriya Singh, Advocate
For the State : Mr. Prem Ranjan Raj, AC to SC 7
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 11-12-2023 Heard Mr. Jitendra Prasad Singh, learned counsel
appearing on behalf of the petitioner and Mr. Prem Ranjan Raj,
learned AC to SC 7 for the State.
2. Petitioner has filed the writ petition for following
relief:-
"That this is an application for issuance of an appropriate writ or writs for setting aside the decision of the Empowered Standing Committee Nagar Parishad, Arwal dated 11.3.2023 issued under the signature of Executive Officer, Nagar Parisahd, Arwal on 1.4.2023 whereby it has been decided to levy toll tax on commercial vehicle at the rate of Rs.70/- per trip in place of per day which is against the terms and conditions of Patna High Court CWJC No.6925 of 2023 dt.11-12-2023
the settlement as well as against the interest of the owner of the vehicle and/or to grant of any other relief/reliefs for which the petitioner is legally entitled in the facts and circumstances of the case."
3. Learned counsel appearing on behalf of petitioner
submits that the petitioner has filed a detailed representation
before respondent no.5, the Executive Officer, Nagar Parishad,
Arwal, which is still pending before him.
4. Considering the aforesaid specific submission made
on behalf of petitioner, Executive Officer, Nagar Parishad is
directed to dispose of the representation of the petitioner by
passing a reasoned order in accordance with law and also in
accordance with the terms and conditions of the settlement
within a period of six weeks from the date of passing of this
order.
5. The petitioner may participate in the proceeding
before the Executive Officer, Nagar Parishad, Arwal.
6. With above observation and direction, the writ
petition is disposed of.
(Purnendu Singh, J)
Sanjay/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 12.12.2023 Transmission Date NA
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