IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4482 of 2009 1. SRI ASHOK KUMAR, son of Sri Ram Swarup Prasad resident of Qr.No.174 Type 4 P & T Colony, Kidwaipuri, P.O. G.P.O., P.S.Budha Colony, Dist. Patna, Councilor of P.M. Ward No.25 2.Sri Vinay Kumar “Pappu” son of late Surendra Nath Yadav, resident of Goriyatoli, P.S. Kotwali, Dist. Patna, Councilor of P.M.C. Ward No.28 3.Sri Sunil Kumar, son of late Shyam Nandan Pd. resident of Paharpur, P.S.Gardanibagh,Dist. Patna, Councilor of PMC Ward No.10 4.Sri Baleshwar Singh, son of late Punit Singh resident of Purandarpur, P.O.G.P.O., P.S. Jakkanpur, Dist. Patna, Councilor of PMC Ward No.18 5.Sri Binod Kumar, son of Sri Janak Pd.Singh resident of Mohanpur Punaichak, P.S. & P.O. Shastrinagar, Dist. Patna, Councilor of PMC Ward No.5 6.Sri Mukesh Kumar, son of Sri Nawal Kishore Pd., resident of Moh.Chandpur Bela, P.S. Jakkanpur, Dist. Patna, Councilor of PMC Ward No.6 7.Smt.Abha Lata, wife of Sri Ramesh Rai, resident of Nandgawn, P.S.Shastrinagar, Dist. Patna, Councilor of PMC Ward No.4 8.Smt.Shahjadi Begum, W/o Sri Taufique Alam resident of Jaha House Dariapur Road, Sabjibagh, P.S. Pirbahore, Dist. Patna Councilor of PMC Ward No.40------petitioners Versus 1.THE STATE OF BIHAR 2.The Director, Department of Gram Panchayat Raj, Govt. of Bihar, Patna 3.The Divisional Commissioner, Patna Division, Patna 4.The Chief Executive Officer, Patna Municipal Corporation, Patna 5.Sanjay Kumar, son of Bulkan Ram, resident of Mohalla Bhawar Pokhar, near Khetan Market, Mayor, Patna Municipal Corporation, P.S. Kotwali, Dist. Patna-------------respondents ----------- For the petitioners :Mr.Dronacharya For the State :M/S.Rabindra Kr.Choubey,G.P.7 Meenu Kumari Prashant Kr.Choudhary For the Patna Municipal Corporation :Mr.Bishwa Bibhuti Kumar Singh ----- 2 2. 9.4.2009 The petitioners, who are Ward Councilors representing different Wards of the Patna Municipal Corporation, have come to this Court with the grievance that Misc.Case No. 385 of 2008 filed before the Divisional Commissioner, Patna Division, Patna (respondent no.3)under Section 25(5) of the Bihar Municipal Corporation Act, 2007, against the respondent no.5, Mayor of Patna Municipal Corporation, is not being taken up and disposed of with expedition. It is stated that the case was filed on 27.7.2008 and up-til now the respondent no.5 despite service of notice has not yet appeared and the matter is being allowed to linger. In the aforesaid circumstances, the writ application is disposed of with a direction to the respondent no.3, Divisional Commissioner, Patna Division, Patna, to dispose of the Misc.Case No. 385 of 2008 within a period of three months from the date of receipt/production of a copy of this order. Let a copy of this order be handed over to learned G.P.7. (Ramesh Kumar Datta,J.) spal/