Citation : 2021 Latest Caselaw 2711 Patna
Judgement Date : 28 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1088 of 2021
======================================================
Ramakant Singh, Son of Late Brijnandan Singh Village- Lakshmipur, P.S.- Badhaiya, District- Lakhisarai.
... ... Petitioner/s Versus
1. The Union of India through Secretary of Department of Rural Development, New Delhi.
2. The State of Bihar through Principal Secretary, Rural Works Department, New Secretariat, Patna.
3. The District Magistrate, Lakhisarai.
4. The Block Development Officer, Block- Barahiya, District- Lakhisarai.
5. The Deputy Development Commissioner, Lakhisarai, District- Lakhisarai.
6. The Divisional Commissioner, Munger Division, District- Munger.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anurag Saurav, Advocate For the Respondent/s : Mr. Pawan Kumar, AC to AG ====================================================== (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.
Petitioner has prayed for the following relief(s).
"I. For issuance of writ, order/orders, direction/directions in the nature of mandamus commanding upon the respondent authorities to initiate investigation in the works carried out under the various development schemes initiated by the Government, specifically under the Mahatma Gandhi National Rural Employment Guarantee Act.
II. For further directing the respondent authorities to stay the Plain Cement concrete Patna High Court CWJC No.1088 of 2021 dt.28-06-2021
construction without the laying down of water pipe line under Jal-Nal Yojna just to show the facade of development because of the upcoming elections, which would inevitably be a wastage of public money.
III. For further direction to the respondent authorities to monitor the work carries out under the government schemes stringently so that the embezzlement of money which is being surfaced in present does not reflect in future.
IV. For any other order/orders, relief/reliefs which this Hon'ble Court deems fit and proper."
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 Patna High Court CWJC No.1088 of 2021 dt.28-06-2021
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
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 Patna High Court CWJC No.1088 of 2021 dt.28-06-2021
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
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