LAWS(PAT)-2022-3-138

SUDHIR KUMAR Vs. STATE OF BIHAR

Decided On March 31, 2022
SUDHIR KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) An order dtd. 28/6/2021, issued by the Municipal Commissioner, Muzaffarpur Municipal Corporation was originally under challenge before this Court, whereby a direction was issued to the Town Manager of the Corporation to carry out drainage work over a piece of land admeasuirng .13 decimals bearing Khata No. 74, Khesra No. 78/497 situate at Mauza Majhauli in the district of Muzaffarpour, in purported exercise of power under Sec. 412 of the Bihar Municipal Act, 2007. The petitioners claim that the said land belongs to them over which they have title and possession.

(2.) During pendency of the writ application, the Municipal Commissioner passed an order dtd. 21/8/2021, relevant portion of which reads as under :- <IMG>JUDGEMENT_138_LAWS(PAT)3_2022_1.jpg</IMG>

(3.) The subsequent order dtd. 21/8/2021 brought on record by way of Annexure-B to the counter affidavit filed on behalf of the Corporation has been permitted to be challenged by the petitioner vide an order dtd. 22/12/2021.