Patna High Court
Sanjay Kumar vs The State Of Bihar on 16 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1579 of 2021
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Sanjay Kumar S/o Kedar Nath Keshri, Sharma R/o Near R.P.F. Barrack,
Sugar Mill Buxar, P.O.- Buxar Gajadhar Ganj, District Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Building Construction
Department, Govt. of Bihar, Patna.
2. The Chief Engineer (South), Building Construction Department, Govt. of
Bihar, Patna.
3. The Executive Engineer, Building Construction Department, Govt. of Bihar,
Buxar.
4. The Junior Engineer, Building Construction Department, Govt. of Bihar,
Buxar.
5. The District Magistrate, Buxar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ashwini Kumar Rai, Advocate
For the Respondent/s : Mr.Lalit Kishore ( AG )
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 16-11-2021
Heard learned counsel for the parties.
The petitioner has prayed for the following reliefs:-
"That, the present Writ application is being filed for
issuance of direction to the Respondents to pay the
admitted due work bills of Rs. 1571378/- (Rs.
Fifteen Lacs Seventy-one thousand Three hundred
and Seventy eight) to the petitioner for the
renovation work of Vetonary School building, hostel
and approach road at Dumraon against the tender
issued vide memo no. 216 dated 02.02.2019 under
the signature of Respondent No.3."
Patna High Court CWJC No.1579 of 2021 dt.16-11-2021
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 i.e.
respondent no. 2 Chief Engineer 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 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
Patna High Court CWJC No.1579 of 2021 dt.16-11-2021
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 arises subsequently on the same and subsequent cause
of action;
(g) We have not expressed any opinion on merits of the
matter. All issues are left open;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
