Upendra Kumar vs The State Of Bihar
2021 Latest Caselaw 2737 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.183 of 2021
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Upendra Kumar, Son of Rambrich Prasad, Resident of Village - Saidpur, Soniawan, Khushiyalpur, P.S. Ekangarsarai, District - Nalanda, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2. The District Magistrate, Nalanda.

3. The District Education Officer, Nalanda.

4. The Block Development Officer, Ekangarsarai Block, District - Nalanda.

5. The Circle Officer, Ekangarsarai, District - Nalanda.

6. The Block Education Officer, Ekangarsarai, District - Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Shambhu Sharan, Advocate For the Respondent/s : Smt. Shilpa Singh, G.A. 12

(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 the parties.

Petitioner has prayed for following relief(s).

"That the present application is being filed in the nature of Public Interest Litigation is for direction upon the respondents authorities to construct school building of the Primary School, Saidpur under Village Panchayat Suniyawan, which has been sanctioned as Primary School, Saidpur by the Government of Bihar and further directing the Patna High Court CWJC No.183 of 2021 dt.28-06-2021

respondents to run the school in the village

-Saidpur in place of Primary School, Suniyawan. For grant of any other relief or reliefs granted in the facts and circumstances of the present case."

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 District

Magistrate, Nalanda 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 District Magistrate,

Nalanda 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 District Magistrate,

Nalanda within a period of four weeks from today by filing a

representation for redressal of the grievance(s);

(b) The District Magistrate, Nalanda shall consider

and dispose it of expeditiously by a reasoned and speaking Patna High Court CWJC No.183 of 2021 dt.28-06-2021

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;

The petition stands disposed of in the aforesaid terms. Patna High Court CWJC No.183 of 2021 dt.28-06-2021

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J) veena/rajiv-

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