Patna High Court
Shubhanand Mukesh vs The Union Of India on 5 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9988 of 2020
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Shubhanand Mukesh S/o- Sadanand Singh At Present R/o- Flat No.-12, RNS
Tower, Rani Kudar Slope, Jamshedpur, P.S.- Singhbhum, State- Jharkhand,
Permanent R/o- Chaudhary Tola, Thana Road, P.S.- Kahalgaon, District-
Bhagalpur.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Road Transport and
Highways, J-13, Tinmurti Lane, New Delhi-11.
2. The Chief Secretary State of Bihar, Patna.
3. The Principal Secretary Road Works Department, Bihar, Patna.
4. The District Magistrate Bhagalpur.
5. The Superintendent of Police Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the Respondent/s : Dr. K. N. Singh, Addl. S.G.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-01-2021
Petitioner has prayed for the following relief(s):-
"(i) For directing the respondent authorities
to expedite the construction of fully damaged
National Highway-80 (Bhagalpur-Kahalgaon-
Mirja Chauki) within time framed.
(ii) For further direction the respondent
authorities to facilitate the construction agency
to smooth functioning of their construction
work.
Patna High Court CWJC No.9988 of 2020 dt.05-01-2021
(iii) For further direction the respondent
authorities to remove the illegal encroachment
from the National Highway-80.
(iv) For further direction the respondent
authorities to enforce the strict provision of
law regarding overloaded vehicles as well as
timing of transportation from the National
Highway.
(v) For any other relief or reliefs for which
petitioner is entitled under facts and
circumstances of this case."
Learned counsel for the State opposes the petition
stating that the petition is misconceived; raises disputed
question of fact; is not in public interest; and that the issue can
be best resolved at the Government level by the appropriate
authorities.
After the matter was heard for some time, learned
counsel for the petitioner submits that petitioner shall be content
if a direction is issued to the concerned respondent(s) to
consider and decide the representation which the petitioners
shall be filing afresh for redressal of the grievance(s).
Learned counsel for the respondents states that if such
a representation is filed by the petitioner within a period of two
months from today, the authority concerned shall consider and
dispose it of expeditiously and preferably within a period of
Patna High Court CWJC No.9988 of 2020 dt.05-01-2021
three months from the date of its filing along with a copy of this
order.
Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
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.
Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties.
Liberty reserved to the petitioner to approach the
Court, if the need so arises subsequently on the same and
subsequent cause of action.
We have not expressed any opinion on merits. All
issues are left open.
The proceedings, during the time of current
Pandemic- Covid-19 shall be conducted through digital mode,
unless the parties otherwise mutually agree to meet in person i.e.
physical mode.
The petition stands disposed of in the aforesaid terms.
Patna High Court CWJC No.9988 of 2020 dt.05-01-2021
Interlocutory Application(s), if any, also stands
disposed of.
(Sanjay Karol, CJ)
( Rajeev Ranjan Prasad, J)
sujit/-
AFR/NAFR
CAV DATE
Uploading Date 05.01.2021
Transmission Date
