Patna High Court
Surendra Yadav vs The State Of Bihar, Through Chief ... on 28 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1600 of 2021
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Surendra Yadav S/o Sivarat Yadav, Resident of Village-Bhetaura, P.O.-
Bhetaura, P.S.-Fatehpur, District-Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar, through Chief Secretary Government of Bihar, Patna.
2. The Principal Secretary, Rural Development Department, Bihar, Patna.
3. The Divisional Commissioner, Gaya.
4. The District Magistrate, Gaya.
5. The Deputy Development Commissioner, Gaya.
6. Block Development Officer, Tankuppa.
7. Panchayat Secretary, Bhataura, Block Tankuppa, District Gaya.
... ... 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. Praveen Kumar, Adv.
For the Respondent/s : Mr. Anjani Kumar (AAG-4)
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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). This writ application in the nature
of Public Interest Litigation is filed for
a direction to the respondent
particularly respondent no. 2 or any
other independent agency to conduct
an enquiry with regard to selection of
beneficiary under prime minister
housing scheme rural in the panchayat
Patna High Court CWJC No.1600 of 2021 dt.28-06-2021
of Bhataura, in the block of Tankupa,
district Gaya.
ii) For issuance of writ in the nature of
mandamus or any the appropriate writ
or direction to the respondent to
adhere with guideline of selection of
beneficiary under prime minister
housing scheme rural in the block of
Tankupa.
iii) For issuance of writ in the nature
of mandamus to the respondent for
suitably punished the erring officials
who have selected the beneficiary
having pakka house or any other
disqualification under the scheme.
iv) For issuance of any other writ for
which the petitioner is otherwise
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 Block
Development Officer, Tankupa, Gaya 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 Block
Development Tankupa, Gaya 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.
Patna High Court CWJC No.1600 of 2021 dt.28-06-2021
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
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
Patna High Court CWJC No.1600 of 2021 dt.28-06-2021
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)
sushma/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29/6/21
Transmission Date NA
