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2014 Supreme(Pat) 145

KISHORE K.MANDAL
Najma Begum – Appellant
Versus
State Of Bihar Through The Chief Secretary Government Of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner/s: Mr. Shashi Bhushan Kumar Mangalam
For the Respondent/s:Mr. Basant Kumar Choudhary, Sr. Advocate. Mr. Sanjay Kumar Munnu, Mr. Mritunjay Kumar, A.C. to A.A.G.-10 Mr. Shambhu Sharan Singh. Mr. R.C. Sinha.

ORAL ORDER

The petitioner claiming himself to be one of the councilors of Sasaram Nagar Parishad (for short “the Parishad” filed the present writ petition as a public interest litigation seeking issuance of appropriate writ commanding the respondents to make enquiry in the matter of mutation/assessment of Municipal land in the name of Respondent no. 7 pertaining to Survey Plot no. 1227, Khata no. 368 (Revisional Municipal Survey Plot no. 223) as the same is in violation of the provisions contained in Section 104 of the Bihar Municipal Act, 2007 (for short “the Act”). A prayer is also made for commanding the respondent no. 2 to take appropriate action for removal of Respondent no. 6 from the post of Chief Councillor of the Parishad in terms of the provisions contained in Section 25(5) of the Act for which a representation (Annexure-9) was filed by several councilors. A Division Bench of this Court having considered the matter did not find it a case to be entertained as public interest litigation and granted the leave sought by the petitioner to convert it into a writ petition by order dated 17.04.2013 and that is how the case has been placed before this Court.

2. Heard Mr. Mangalam f









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