Munna Kumar vs The State Of Bihar
2021 Latest Caselaw 2695 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.1319 of 2021
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1. Munna Kumar Son of Sri Baikunth Sharma Resident of Village- Shahbajpur @ Sahawajpur, Police Station- Ghosi in the district of Jehanabad

2. Binod Kumar Son of Late Mahesh Sharma Resident of Village- Shahbajpur @ Sahawajpur, Police Station- Ghosi in the district of Jehanabad

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna

3. The District Magistrate-cum-Collector, Jehanabad

4. The District Panchayat Raj Officer, Jehanabad

5. The Sub Divisional Magistrate, Jehanabad

6. The Circle Officer, Ghosi Block in the district of Jehanabad

7. The Executive Engineer, Public Health Division, Jehanabad under Public Health Engineering Department, Government of Bihar, Patna

... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

     For the Petitioner/s     :       Mr.Sunil Kumar, Adv
                                      Mr. Navin Sharma, Adv
     For the Respondent/s     :       Mr. Ajay GA-5

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 28-06-2021 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

"To direct the respondents especially respondent no. 6 and 7 to install the Bore Well and Water Tower under MukhyaMantri Gramin Pey Jail Nischay Yojana (hereinafter referred in short as the Yojana) over the land bearing Khata Patna High Court CWJC No.1319 of 2021 dt.28-06-2021

No. 811, Plot No. 152 situated under Mauza Bharthu Tola Shahbajpur which is the most suitable Aam Gairmajarua land selected by the Gram Panchayat as well as by the villagers for installation of Bore Well and Water Tower under the Yojana.

(ii) Also to restrain the respondent from installation of Bore Well and Water Tower over the land bearing Khata No. 811, Plot No. 157 situated under Mauza Bharthu tola Shahbajpur which is the Bank of the Falgu River and badly effected with soil erosion by the Falgu river and major portion of the said land has been sub merged in the river and as such not suitable for installation of Bore Well and Water Tower."

After the matter was heard for some time, learned

counsel for the Petitioners, under instructions, states that

Petitioners shall be content if a direction is issued to the District

Magistrate cum Collector, Jehanabad, to consider and decide

the representation which the Petitioners 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 Petitioners, 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 Patna High Court CWJC No.1319 of 2021 dt.28-06-2021

with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following

terms:-

(a) Petitioners 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 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 Petitioners to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

(e) We are hopeful that as and when Petitioners 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;

Patna High Court CWJC No.1319 of 2021 dt.28-06-2021

(f) Liberty reserved to the Petitioners 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;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J)

ranjan/-

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