IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3097 of 2006 VIJAY KUMAR CHAUDHARY SON OF SRI HARI CHAUDHARY, RESIDENT OF MOHALLA- BHUSUANDA BALAPAR, WARD NO.40, POLICE STATION- GAYA MUFFASIL, DISTRICT-GAYA AT PRESENT WORKING AS SECRETARY NEIGHBOURHOOD COMMITTEE BHUSUNDA BALAPAR UNDER WARD NO.40 GAYA TOWN. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY DEPARTMENT OF URBAN DEVELOPMENT CUM-CHAIRMAN EXECUTIVE COMMITTEE, BIHAR URBAN DEVELOPMENT AUTHORITY PATNA. 3. THE DISTRICT MAGISTRATE GAYA CUM-CHAIRMAN DISTRICT URBAN DEVELOPMENT AUTHORITY GAYA. 4. THE CHIEF EXECUTIVE OFFICER GAYA MUNICIPAL CORPORATION GAYA. 5. THE EXECUTIVE ENGINEER WATER BOARD GAYA MUNICIPAL CORPORATION GAYA. ..RESPONDENTS. -----------
5. 11.02.2011 Heard learned counsel for the petitioner and the
counsel for the Gaya Municipal Corporation.
2. Petitioner is the Secretary of the
Neighbourhood Committee constituted in the light of the
Government instruction dated 11.9.2003, Annexure-3 for
Ward No.40 of Gaya Municipal Corporation. It is
submitted on his behalf that in spite of the Government
direction to allocate work concerning the difference
Schemes formulated for betterment of the weaker sections
as noted in Government instruction dated 24.3.2004,
Annexure-4 and subsequent instruction dated 28.7.2005,
Annexure-6 the work for the execution of the Schemes
referred to in those instructions are not being entrusted to
the committee and thereby the execution of the Schemes
referred to in those instructions of the Government is
suffering in Ward No.40 of Gaya Town. In spite of notice
to the authorities, no counter affidavit has been filed
disputing the submissions noted above, accordingly, this
writ petition is disposed of directing the petitioner to
represent before the Municipal Commissioner, Gaya
Municipal Corporation to allocate work concerning the
execution of the Scheme as noted in the Government
instruction dated 24.3.2004 and 28.7.2005, Annexures 4
and 6 provided those instructions are still in force.
Necessary consideration in this regard be made by the
Commissioner, Gaya Municipal Corporation, as early as
possible, in any case within two months from the date of
receipt/production of the fresh representation alongwith a
copy of this order.
3. Application stands disposed of.
Ibrar/ ( V. N. Sinha, J.)