Writ petition sought setting aside a Minister's order of 03.12.2014. Counsel instead requested liberty to seek review, citing the order's ex-parte nature and lack of notice. The court granted the liberty and disposed of the petition without adjudicating the merits.
Liberty granted to seek review of the order dated 03.12.2014
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13868 of 2017
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The Managing Director, Bihar State Housing Board, 6th Mangals Road, Patna 800015. ... ... Petitioner/s
| Versus Mritunjay Kumar Jha Plot no. M/5, Housing Board Colony, Bhagalpur and presently residing at Flat NO. 302, Kanti Palace Apartment, Post Office Road, Shashtri Nagar, Patna- 800023. ... ... Respondent/s ====================================================== |
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| Appearance : |
| For the Petitioner/s : Mr.Dr. Anand Kumar, Advocate |
| For the Respondent/s : Mr. ====================================================== |
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
Though the present writ petition has been filed for setting aside the order dated 03.12.2014, passed by the Minister, Urban Development and Housing Department, Government of Bihar, Patna, however, the learned counsel for the petitioner submits that the petitioner be granted liberty to seek review of the aforesaid order dated 03.12.2014, especially in view of the fact that firstly, the said order is an ex-parte order, which has been passed without either issuing notice to the petitioner or hearing the petitioner and secondly, no order can be passed on a hypothetical basis. Liberty so sought, is granted.
The writ petition stands disposed off.
(Mohit Kumar Shah, J)
rinkee/-
U
1 issue framed by the court
Should the petitioner be granted liberty to seek review of the Minister's ex-parte order dated 03.12.2014?
The Managing Director, Bihar State Housing Board
Mritunjay Kumar Jha
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
