Patna High Court
Biren Kumar Verma vs The State Of Bihar on 28 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.600 of 2021
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1. Biren Kumar Verma, Son of Chandradev Sharma, Resident of Maharajghat,
Bari Khaujarpur, Police Station- Barari, District - Bhagalpur, presently
functioning as Secretary, District Football Association, Bhagalpur.
2. Mohammad Nasar Alam, Son of Syed Md. Manzar Alam, Resident of
Ashiyana Manzil near Madina Masjid, Bhikhanpur, Gumti no. 3, P.S.
Bhikhanpur, District - Bhagalpur, presently functioning as Secretary,
Athletic Association, Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Town and Urban Development Department,
Government of Bihar, Patna.
3. The Commissioner Bhagalpur Division, Bhagalpur cum Chairman
Bhagalpur Smart City Ltd.
4. The District Magistrate, Bhagalpur.
5. The Superintendent of Police, Bhagalpur.
6. The Commissioner Bhagalpur Municipal Corporation cum Administrator
Bhagalpur Smart City Limited.
7. The Chief Executive Officer Bhagalpur Smart City Limited.
8. The Senior Deputy Collector cum Public Information Officer Bhagalpur
Collectoriate, General Branch, Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Diwakar Yadav, Advocate
For the Respondent/s : Mr. Manish Kumar, Advocate
Mr. Y.P. Sinha, AAG-7
Mr. Shankar Kumar, Advocate
(The proceedings of the Court are being conducted through Video Conferencing and the
Advocates joined the proceedings through Video Conferencing from their residence.)
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).
Patna High Court CWJC No.600 of 2021 dt.28-06-2021
"(i) That this is an application for issuance of
an appropriate writ/order/direction to restrain
the respondents from nay activities by which
the land of Bhagalpur Football and Athletic
Association a part area of Sandy's compound,
Bhagalpur may not be converted and used for
the purpose of construction of Stadium of
Cricket in the name of Development of Smart
City Project, Bhagalpur.
(ii) For issuance of an appropriate
writ/order/direction declaring that any action
of the Respondents to change the nature of
the land which has been in possession of
Bhagalpur Football and Athletics Association
since 1911 is illegal and against the purpose
of the Association creating the rights in
favour of cricket Stadium in illegal manner.
(iii) For issuance of an appropriate
writ/order/direction that if the land of the
Bhagalpur Football and Athletics Association
is allowed to construct the cricket stadium
football and Athletic Association will be
frustrated.
(iv) For issuance of appropriate
writ/order/direction granting any other relief
or reliefs for which the petitioner is found
entitled.
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
Patna High Court CWJC No.600 of 2021 dt.28-06-2021
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
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
Patna High Court CWJC No.600 of 2021 dt.28-06-2021
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;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
