Citation : 2021 Latest Caselaw 2723 Patna
Judgement Date : 28 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.551 of 2021
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Murahu Singh, S/o Ram Parikha Singh, R/o village Pahariya, P.S. Bhagwanpur, District Kaimur at Bhabua.
... ... Petitioner/s Versus
1. The State of Bihar, through the Principal Secretary, Bihar Panchayat Raj, Patna.
2. The District Magistrate cum Collector, Kaimur at Bhabua.
3. The District Panchayat Raj Officer, Kaimur at Bhabua.
4. The Block Development Officer, Bhagwanpur, kaimur at Bhabua.
5. Anchaladhikari, Bhagwanpur, kaimur at Bhabua.
6. Mukhiya, Village Panchayat Pahariya, kaimur at Bhabua.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate For the Respondent/s : Mr. Ajay, G.A. 5
(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).
"That the present writ application in form of Public Interest litigation is being filed with prayer to direct the respondent authorities to construct the Pahariya Village Panchayat
Patna High Court CWJC No.551 of 2021 dt.28-06-2021
Plot no. 1001 area 13 acres at Mauza Pahariya, Belonging to the state of Government, which has been proposed to construct inappropriate place on plot no. 1178 at Mauza Awasan, contrary to the direction given by the higher authority."
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.551 of 2021 dt.28-06-2021
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.551 of 2021 dt.28-06-2021
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J) veena/rajiv-
AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA
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