Banarshi Prasad And Anr vs Siwan Nagar Parishad Siwan And Ors
2023 Latest Caselaw 2925 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.18101 of 2014
     ======================================================

1. Banarshi Prasad son of Late Dina Nath Prasad

2. Sunil Kumar son of Late Dina Nath Prasad Both resident of Mohalla -

Purani Bajaji Siwan, Police Station - Town Siwan, District - Siwan.

... ... Petitioner/s Versus

1. Siwan Nagar Parishad, Siwan

2. The Executive Officer, Siwan Nagar Parishad, Siwan.

3. Sri Amrendra Gupta son of Basudeo Narayan Gupta Chick Toli, Naya Quila, Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Arun, Adv. For the Respondent/s : Mr. Ravi Bhushan Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 11-07-2023

Learned counsel for the petitioners and learned

counsel for the Nagar Parishad, Siwan appeared.

The present writ application has been filed for

quashing of the Memo No. 617 dated 03.05.2012, i.e. order

dated 14.11.2011 passed by the Executive Officer, Nagar

Parishad, Siwan in which the entry of petitioners' name in Old

Ward No. 14/ 30 New Ward No. 21 Holding No. 287/ 272 New

(Old 603) area 3.87 decimals, i.e. 1 Katha 17 Dhurki has been

rejected and their names have been struck down from Demand

Register and at their place, the name of respondent no. 3 has

been entered.

Learned counsel for the petitioners submit that the

petitioners have filed representation before the Divisional Patna High Court CWJC No.18101 of 2014 dt.11-07-2023

Commissioner, Saran at Chapra as well as before the District

Magistrate, Siwan but no action has been taken as yet.

Learned counsel for the Nagar Parishad, Siwan

submits that under statute, the order passed by the Executive

Officer, Siwan is appealable order under Section 143 of the

Bihar Municipal Act, 2007, [Bihar Act 11, 2007] before the

District Judge, as such, he ought to prefer appeal.

In this background, the petitioners are directed to

file appeal under Section 143 of the Bihar Municipal Act, 2007,

[Bihar Act 11, 2007] before the District Judge, Siwan against the

order dated 14.11.2011 passed by the Executive Officer, Nagar

Parishad, Siwan by which their applications have been rejected

and names have been struck down from the Demand Register.

The limitation if any, in filing the appeal is also

hereby condoned.

With this observation, the present writ application

stands disposed off.

(Dr. Anshuman, J.) sadique/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.07.2023
Transmission Date       NA