Patna High Court
Shambhu Prasad vs The State Of Bihar on 30 January, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17973 of 2022
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Shambhu Prasad S/o Sri Rambabu Prasad, Resident of Village and 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
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Appearance :
For the Petitioner/s : M/s Nitesh Kumar
Sumit Kumar, Advocates
For the Respondent/s : Mr. Subhash Prasad Singh, GA 3
For the Zila Parishat Saran: Mr. Niksh Kumar, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 30-01-2023
Heard learned counsel for the parties.
Patna High Court CWJC No.17973 of 2022 dt.30-01-2023
The petitioner has prayed for the following relief(s):-
"That this is an application for issuance of a writ
in the nature of certiorari for quashing the letter
no. 14 dated 9.3.2022 issued by the respondent
no. 3 whereby and whereunder the allotment of
shop no. 218 has been cancelled on the ground
of irregularities in allotment, without giving the
petitioners any notice, or any opportunity of
being heard before issuing the order of
cancellation of allotment of shops in most
arbitrary and illegal manner. Further for issuance
of a writ in the nature of mandamus directing the
respondents not to take any coercive action
pursuant to the order dated 9.3.2022 passed by
respondent no. 3 and to grant any other
relief/reliefs to which the petitioner is found
entitled to including the cost of this proceeding.
A copy of the aforesaid letter no. 14
dated 9.3.2022 is annexed hereto and
marked as Annexure - 1."
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.
Patna High Court CWJC No.17973 of 2022 dt.30-01-2023
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)
Spd/-Sujit
AFR/NAFR
CAV DATE
Uploading Date 31.01.2023
Transmission Date
