IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.618 of 2010 1. SURENDRA PRASAD CHAURASIA S/O SAKADDHARI PRASAD CHAURASIA CONVENOR COMMUNITY DEVELOPMENT SOCIETY, NAGAR PARISHAD, CHAPRA AND SECRETARY, JAN VIKAS SAMITI RESIDENT OF HOM- HANS NAGAR, HUSSAY CHAPRA, P.S-CHAPRA TOWN, DISTT- CHAPRA (SARAN) Versus 1. THE STATE OF BIHAR 2. THE SECRETARY URBAN DEVELOPMENT DEPRTMENT, BIHAR, PATNA 3. THE DIVISIONAL COMMISSIONER, SARAN DIVISION, CHAPRA 4. THE DISTRICT MAGISTRATE, CHAPRA 5. THE EXECUTIVE OFFICER, NAGAR PARISHAD, CHAPRA 6. THE CHIEF COUNCILLOR NAGAR PARISHAD, CHAPRA 7. THE VICE CHIEF COUNCILLOR NAGAR PARISHAD, CHAPRA For the Petitioner: Dr. Gyan Prakash, Adv. For the State: Sanjay Kumar Singh, A.C. to S.C. 23. For the Nagar Parishad: Rupak Kumar, Adv. ----------- 2/ 08/03/2011 Heard learned counsel for the petitioner, the State and for the Nagar Parishad, Chapra. The petitioner, an N.G.O., is aggrieved by the actions of the Nagar Parishad not to allot him works and then issuing a show cause to him on 4.12.2009. Learned counsel for the petitioner submits that the respondents have first taken a decision and then called upon the petitioner to show cause why works should not be allotted to him as an N.G.O. The submission is that the earlier orders staying allotment of work to him may therefore be set aside, subject to any fresh orders. Learned counsel for the Chapra Nagar Parishad prays for time to file a supplementary counter affidavit. The Court does not consider the same necessary as a counter affidavit of the Executive Officer, Nagar Parishad is already on record. The Court 2 is not persuaded to go into the question of stoppage of work to the N.G.O. in view of the fact that a show cause has been issued, duly replied to. Only a final decision remains to be taken by the Nagar Parishad. The Executive Officer, in paragraph Nos.4 and 5 of his counter affidavit completely absolves the petitioner of any allegations. He then seeks to excuse himself in paragraph-8 that he has no authority to take decisions which rests with the Chief Counselor, Nagar Parishad to be considered at the Municipal Board Meeting. An affidavit filed by the Executive Officer in a judicial proceeding carries a solemn sanctity and importance. What the Executive Officer contends with regard to the conduct of the petitioner, has to be considered by the Nagar Parishad at the time of final decision. Conversely, if the Nagar Parishad opines that the Executive Officer exceeded his jurisdiction in making statements on behalf of the Nagar Parishad in in the counter affidavit, naturally, the Nagar Parishad is required to deal with the Executive Officer appropriately. Let the Nagar Parishad take a final decision in the matter by a reasoned and speaking order displaying necessary consequential action as 3 circumstances may warrant depending on the nature of its decision within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)