Mritunjay Pandey vs The Principal Secretary
2021 Latest Caselaw 2442 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10281 of 2020
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Mritunjay Pandey Son of Bipin Bihari Pandey Resident of Banket Mushahari, Ward No. 3, P.s.- Majhaulia, District- West Champaran

... ... Petitioner/s Versus

1. The Principal Secretary, Cane Industry Department of Bihar, Patna

2. The Cane Commissioner, Department of Cane Industry, Bihar, Patna

3. The Joint Commissioner (Accounts), Department of Finance, Government of Bihar, Patna

4. The Deputy Director, Cane Development, Department of Cane Industry, Bihar, Patna

5. The Assistant Director, Can Development, Department of Cane Industry, Bihar, Patna

6. The Accountant General, Bihar, patna

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Advocate For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG 7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 21-06-2021 Heard the parties.

Petitioner has prayed for following relief:-

"The present application is being filed by way of public interest litigation for issuance of appropriate writ(s), order(s), direction(s) to the respondent authorities to implement their own scheme/circular as contained in Letter no.165 Patna dated 16.07.2020 issued under the signature of respondent no.2 whereby and whereunder certain funds has been sanctioned for the Patna High Court CWJC No.10281 of 2020 dt.21-06-2021

respective category and directions have been given to credit and amount of subsidy against the Sugar Seeds in the respective account of farmers who have applied for the same.

Or any other relief, or reliefs which the petitioner is found entitled to in the facts and circumstances of the case."

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 the 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

terms:-

(a) Petitioner shall approach the authority concerned

within a period of four weeks from today by filing a

representation for redressal of the grievance(s);

(b) The authority concerned shall consider and Patna High Court CWJC No.10281 of 2020 dt.21-06-2021

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 rises subsequently on the same and

subsequent cause of action;

(g) We have not expressed any opinion on merits. All

issues are left open;

(h) 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;

Patna High Court CWJC No.10281 of 2020 dt.21-06-2021

The petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sanjay/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.06.2021
Transmission Date       NA