Posted On by &filed under High Court, Patna High Court - Orders.


Patna High Court – Orders
Awadhesh Yadav vs The State Of Bihar &Amp; Ors on 9 August, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.12523 of 2010
                                  AWADHESH YADAV
                                         Versus
                             THE STATE OF BIHAR & ORS

                                               -----------

2. 09-08-2010 1. Heard learned counsel for the State of Bihar and its

authorities, learned counsel for the Ara Nagar Nigam (Respondent

no. 3), learned counsel for the Respondent no. 15 and learned

counsel for the Respondent no. 44.

2. IA No. 7018/10 has been filed on behalf of the

petitioner for adding two reliefs made in the first paragraph of the

writ petition: (i) to issue an appropriate writ/order/direction in the

nature of Certiorari for quashing letter dated Nil addressed to the

Municipal Commissioner, Ara Nagar Nigam by which the

requisitionists in purported exercise of power under Section 48(3)

of the Bihar Municipal Act, 2007 have fixed the date of special

meeting of no-confidence motion as 10-08-2010 and (ii) to further

issue an appropriate writ/order/direction in the nature of Certiorari

for quashing the notice issued by the Municipal Commissioner, Ara

Nagar Nigam, as contained in Letter No. 2001 dated 6.08.2010 by

which the petitioner along with other councillors were informed that

the date of special meeting of no-confidence motion is fixed on 10-

08-2010 at 11:00 A.M. (Annexures 5 & 6). Considering the facts

and circumstances, as well as reliefs sought in the writ petition, this

interlocutory application is allowed. Let the said two reliefs be

added to the reliefs claimed by the petitioner.

2

3. I.A. No. 6863 of 2010 has been filed by the petitioner

for directing the Chief Municipal Officer, Ara Nagar Nigam,

(Respondent no. 3) not to issue notice of the special meeting of no-

confidence motion, if the meeting of no-confidence motion is fixed

by the requisitionists.

4. Learned counsel for the petitioner is directed to serve

copies of the interlocutory application bearing I.A. No. 6863 of

2010 upon learned counsel for Respondent no. 15 as well as learned

counsel for Respondent no. 44 along with copies of the writ

petition, within two days failing which the said interlocutory

application shall stand automatically rejected.

5. Issue notices to the remaining private respondents in

the admission matter as well as in the aforesaid stay matter for

which requisites must be filed by Wednesday i.e. 11.08.2010 under

ordinary process as well as registered cover with A/D, failing which

the said interlocutory application shall stand automatically rejected.

6. Put up this case under the same heading, within top ten

cases immediately after the receipt of the service report.

7. In the mean time no meeting of the councillors of Ara

Nagar Nigam, Ara for No-Confidence Motion against the petitioner,

shall be held in consequence of requisition dated 30-07-

2010(Annexure-5). Learned counsel for the Respondents, learned

counsel for the State and learned counsel for the Ara Nagar Nigam,

Ara shall inform the concerned authorities regarding this order.

Sujit                                                         (S.N.Hussain,J)
 

Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

8 queries in 0.109 seconds.