Citation : 2021 Latest Caselaw 6381 Patna
Judgement Date : 22 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5327 of 2021
======================================================
M/s Raj Masala Viklang Rojgar Kendra MIC Bela, Phase- I, P.S. Bela, District- Muzaffarpur, through its Proprietor Raj Kumar (male), aged about 51 years, Son of Late Laxmi Prasad Gupta, resident of Sarai Saiyad Ali Lenin Chowk, Ward No. 11, P.S. Kaji Mohammadpur, Muzaffarpur- 842001, District- Muzaffarpur.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Department of Industries, Government of Bihar, Vikas Bhawan Secretariat, Bailey Road, Patna- 800015.
2. The Director, Department of Industries, Government of Bihar, Vikas Bhawan Secretariat, Bailey Road, Patna- 800015.
3. The Office Superintendent, District Industries Centre, Bela, Muzaffarpur, District- Muzaffarpur.
4. Bihar Industrial Area Development Authority, Muzaffarpur.
5. The Secretary, Department of Commerce, Secretariat, Bihar, Patna.
6. The Union of India, Ministry of Micro, Small and Medium Enterprises, Department of Industries through its Secretary, New Delhi.
7. The Secretary, Department of Commerce, Ministry of Commerce and Industry, Government of India, New Delhi.
8. Bank of India, Mithanpura Branch, Muzaffarpur, Pin Code No. 842001.
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Kaushal Kumar, Advocate For the Respondent/s : Mr. Abbas Haider, SC-6 For the Union of India : Mr. Ram Anurag Singh, CGC
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-12-2021 Heard learned counsel for the parties. Patna High Court CWJC No.5327 of 2021 dt.22-12-2021
The petitioner has prayed for the following relief/s :-
After the matter was heard for some time, learned
counsel for the petitioner, under instructions, states that
petitioner shall be content if a direction is issued to the
authority concerned to consider and decide the representation
which the petitioner shall be filing within a period of four
weeks from today for redressal of grievance(s).
Learned counsel for the respondents states that if such
a representation is filed by the petitioner, the authority
concerned shall consider and dispose it of expeditiously and
preferably within a period of three months from the date of its
filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the following Patna High Court CWJC No.5327 of 2021 dt.22-12-2021
terms:-
(a) Petitioner shall approach authority concerned
within a period of four weeks from today by filing a
representation for redressal of grievance(s);
(b) The authority concerned shall consider and dispose
it of expeditiously by a reasoned and speaking order preferably
within a period of three months from the date of its filing along
with a copy of this order;
(c) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(d) Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law;
(e) 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;
(f) Liberty reserved to the petitioner to approach the
Court, if the need so arises subsequently on the same and
subsequent cause of action;
(g) We have not expressed any opinion on merits. All Patna High Court CWJC No.5327 of 2021 dt.22-12-2021
issues are left open;
(h) We expect that the appropriate authority shall
consider and decide the petitioner's representation
expeditiously and preferably within a period of three months
from the date of the its presentation; and
(i) While considering such representation, the period
for which the petitioner has been pursuing the present petition
shall not be counted for the purposes of limitation.
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 23.12.2021 Transmission Date
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