IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7913 of 2010 Parmanand Prasad, S/O Late Kamta Prasad, R/O Maulabagh Ward No. 19 P.O & P.S. Daudnagar, District-Aurangabad Chief Councilor Nagar, Panchayat, Daudnagar, Aurangabad,Bihar. Versus 1. The State Of Bihar. 2. The Principal Secretary, Urban Development & Housing Department, Govt. Of Bihar, Patna. 3. Special Secretary, . Urban Development & Housing Department, Govt. Of Bihar, Patna. 4. Sri Arbind Kumar Singh,Deputy Secretary Cum Director, S/O Name Not Known To The Petitioner, Urban Development & Housing Department, Govt. Of Bihar, Patna. 5. Commissioner,Magadh Division, Gaya. 6. Daudnagar,Municipality Through Its Executive Officer,Daudnagar,Aurangabad. 7. Ashok Paswan, S/O Ram Prasad Paswan, Ward Councilor From Ward No. 23,R/O Mohalla Sital Bugha,P.O+P.S.-Daudnagar, District- Aurangabad. ------------------------- 03. 21.10.2011 Heard Mr. Md. Abdul Wadood, learned counsel appearing on behalf of the petitioner, Mr. Shambhu Nath, Assisting counsel to A.A.G. 3 for the State and Mr. Aushutosh Ranjan Pandey, learned counsel appearing for the Daudnagar Municipality are present. The petitioner is aggrieved by the notice bearing Memo No. 993 dated 3.4.2010 issued by the respondent Commissioner, Magadh Division, Gaya as contained in Annexure-1 in purported exercise of power vested in him under Section 25(5) of the Bihar Municipal Act, 2007 requiring the petitioner who is the Chairman of the respondent Municipality to respond to the charges set out thereunder. Even though the petitioner has questioned the 2 issuance of the notice by the respondent Commissioner on several grounds but considering the fact that the petitioner has responded to the notice aforesaid by filing a comprehensive reply on 4.5.2010 placed at Annexure-A to the Counter Affidavit, this Court without expressing any opinion, disposes of the writ petition with the direction to the respondent Commissioner to consider and dispose of the matter in accordance with law after giving opportunity of personal hearing to the petitioner. The matter may be disposed of expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order. S.Sb/- (Jyoti Saran, J.)