IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2762 of 2002 BRAHMDEO UPADHYAYA son of late Raj Kumar Upadhyaya, resident of Upperdih, P.S. Civil Lines, District- Gaya. . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Survey Superintendent, Municipal Corporation, Gaya. 3. The Assistant Superintendent, Municipal Corporation, Gaya. 4. The Administrator, Municipal Corporation, Gaya. 5. Birendra Rout, Resident of Mohalla Maranpur, Civil Line, Gaya, District- Gaya. . . . . . . Intervener / Respondents. 6. The Anabad Sarb Sadharan through the Collector, Gaya. . . . . . Respondents. ----------- 4/ 17.11.2009 Heard learned counsel for the petitioner and the State. The petitioner has prayed for following reliefs: (i) for quashing the order dated 11.01.2002 passed by respondent no.2 in Appeal Case no. 1944 of 2000, as contained in Annexure-3, (ii) for setting aside the order dated 30.11.2000 passed by the respondent no.3 in objection case no. 1084 of 1999 under Section 9 of the Bihar and Orissa Municipal Survey Act, as contained in Annexure-2, and (iii) for setting aside the order dated 28.12.1998 passed by respondent no.4 in petition no. 1984 dated 24.12.1998 filed by respondent no.5, as contained in Annexure-1. The petitioner states that Revisional survey plot no. 1565, appertaining to revisional survey khata no. 1653 relating to Ward no. 23 was recorded in the name of respondent mentioning the area 9375 acres during the Khanapurti. The petitioner states that he has acquired 5 kathas in Revenue plot no. 500 through Hukumnama. He submits that demand in the Municipal Office is standing in his name on the basis of valuation or assessment list. He submits that on application of private respondent, his name has been deleted by the order of - 2 - administrator, as contained in Annexures 1 and 2. He submits that the aforesaid orders were passed without giving opportunity of hearing to him. As the matter involves disputed facts, the petitioner may ventilate his grievance before appropriate forum including filing of civil suit. In that view of the matter, this writ application is disposed of with aforesaid liberty. Uday/ (Samarendra Pratap Singh, J.)