Patna High Court
Vikash Kumar Sinha vs The State Of Bihar Through The ... on 21 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5348 of 2021
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Vikash Kumar Sinha, S/o Hari Mehta, resident of Village-Gauspur Ijra, P.S.
and District-Vaishali at Hajipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Building Construction
Department, Government of Bihar, Patna.
2. The District Election Officer cum District Collector Vaishali, Distt.-Vaishali.
3. The Executive Engineer, Vaishali Building Division, Hajipur, Distt.-Vaishali.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Vivek Kumar, Advocate
For the Respondent/s : Mr.Lalit Kishore ( AG )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-12-2021
Petitioner has prayed for the following relief(s):
"For issuance preferably in the nature
of MANDAMUS commanding and directing
to the respondent concern to make admitted
payment of Rs. 178551/- to the petitioner,
that he has carried out the work during the
General Elections of 2019 in the Vaishali
Building Division, Hajipur but, the payment
has not been made though the respondents
And/or any other relief/reliefs, order/ orders
for which the petitioner is found entitled in
the facts and circumstances of the case."
Patna High Court CWJC No.5348 of 2021 dt.21-12-2021
After the matter was heard for some time, learned
counsel for the petitioner submits that petitioner shall be content
if the petition is disposed of with a direction to the appropriate
authority to consider and decide the representation to be filed by
the petitioner within a period of four week, within a period of
three months from the date of its presentation.
Learned counsel for the State states that if such a
representation is filed by the petitioner within the time
stipulated, the same shall be considered and decided within a
period of three months from the date of its presentation.
Statement accepted and taken on record.
Without expressing any opinion on merits of the
claim, petition is disposed of with the liberty aforesaid. All
issues on facts and law are left open.
Needless to say that while considering such request,
principles of natural justice shall be followed and due
opportunity of hearing afforded to the parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate
petition(s), if so required and desired.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
Patna High Court CWJC No.5348 of 2021 dt.21-12-2021
in accordance with law.
We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch.
The petition stands disposed of in the aforesaid terms.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 24.12.2021
Transmission Date
