ORAL JUDGMENT

Date : 09-01-2024 Heard Mr. Alok Ranjan, learned counsel appearing on behalf of the petitioners and Mr. Arif Daula Siddiqui, learned AC to SC-25 for the State.

2. Learned counsel appearing on behalf of the petitioners seeks permission to make amendment by adding “cum District Grievances Redressal Officer” in addition to refer the respondent no.6 in the cause title in course of the day.

3. Permission is accorded.

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are aggrieved by the ex- parte order dated 13.03.2023 passed by the Divisional Commissioner, Munger in Case No. 421110113122205650/1A by which he has been pleased to set aside the order dated 02.03.2022 passed by the Executive Officer, Nagar Parishad, Khagaria and for setting setting aside the consequential order dated 03.06.2023.

5. He submits that one Sajjan Kumar Chaudhary who is not related in any manner with respect to the land on which building was being erected after proper sanction of map by the Nagar Parishad, Khagaria had preferred an appeal being Appeal Case No. 421110113122205650/1A dated 14.12.2022 and the Divisional Commissioner, Munger against the order dated 02.03.2022 passed by the District Public Grievance Redressal Officer cum Executive Officer, Nagar Parishad, Khagaria. without giving any details of the cause and issuing notice to the petitioners or any of the affected parties had set aside the order dated 02.03.2022 and remanded the matter to the District Public Grievance Redressal Officer cum Executive Officer, Nagar Parishad, Khagaria.

6. It is the case of the petitioners that an order dated

02.03.2022 was passed in favour of the petitioners by the Executive Officer, Khagaria, who was then directed by the Divisional Commissioner, Munger to exercise his jurisdiction as a District Public Grievance Redressal Officer, Khagaria. The Executive Officer as a consequence of the order dated 13.03.2023 passed by the Divisional Commissioner, Munger – respondent no.3 has passed an ex parte order dated 03.06.2023 contained in Memo No. 1204 dated 14.07.2023 imposing penalty of Rs.20,05,892/- (Twenty lacs five thousand eight hundred and ninety two) against the petitioners.

7. Learned counsel admits that the petitioners were not in a position to appear before the District Grievance Redressal Officer cum Executive Officer, Nagar Parishad, Khagaria due to illness of petitioner no.1 and petitioner no.2 being outside the State. Learned counsel for the petitioners admits that no request for time was made by the petitioners. He informs that the Executive Officer just after issuance of notice contained in Memo No. 571 dated 24.04.2023 proceeded to pass order on 03.06.2023 contained in Memo No. 1204 dated 14.07.2023. On these grounds, learned counsel seeks for quashing of the ex-parte order dated 13.03.2023 passed by the Divisional Commissioner, Munger and consequential order dated 03.06.2023 contained in Memo No. 1204 dated 14.07.2023 passed by the Executive Officer, Nagar Parishad, Khagaria.

8. Per contra, learned counsel appearing on behalf of the State submits that on bare perusal of the order contained in Annexure-1, it appears that the same don’t require any interference because no order has been passed on merits rather the Divisional Commissioner, Munger who is the First Appellate Authority has directed the District Grievance Redressal Officer cum Executive Officer, Nagar Parishad, Khagaria to pass order in accordance with law. The consequential order passed by the respondent no.6- the Executive Officer, Nagar Parishad, Khagaria is in accordance with law where the petitioners chose not to appear before the respondent no.6-the Executive Officer, Nagar Parishad, Khagaria and waiting for nearly two months the impugned order dated 03.06.2023 contained in Memo No. 1204 dated 14.07.2023 was passed.

9. Having considered the rival submissions made on behalf of the parties, the petitioners have rushed to this Court immediately agai