Citation : 2021 Latest Caselaw 4829 Patna
Judgement Date : 1 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16884 of 2021
======================================================
Pratigya through its Chairman namely Brij Nandan Pathak, aged about 45 years, male, son of Vidya Nandan Pathak, Resident of Laxman Sahay Lane, Gurudwara Road, P.S.-Kotwali Gaya, District-Gaya (Bihar).
... ... Petitioner/s Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.
3. The Gaya Municipal Corporation through its Municipal Commissioner, Gaya Municipal Corporation, Gaya.
4. The Municipal Commissioner, Gaya Municipal Corporation, Gaya.
5. The Sparro Softech Private Limited Gaya through its Project Manager, Address near Surendra Prasad Yadav College at A.P. Colony, Gaya, District- Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Advocate Ms. Ritika Rani, Advocate For the Respondent/s : Mr. Yogendra Prasad Sinha, AAG-7 Mr. Rabindra Kumar Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) =======================================================
Date : 01-10-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
"
Patna High Court CWJC No.16884 of 2021 dt.01-10-2021
Patna High Court CWJC No.16884 of 2021 dt.01-10-2021
Patna High Court CWJC No.16884 of 2021 dt.01-10-2021
Shri Dinu Kumar, learned counsel for the petitioner
states that the petitioner has already represented to the
authorities vide communication dated 26th of January, 2021
(Annexure-7). He further states that the petitioner would again
invite attention of the authorities of the alleged illegality in
issuing the impugned notification dated 15th of April, 2019.
As such, the present petition stands disposed of in
the following terms:-
(a) Petitioner shall approach the Respondent No. 2,
namely the Principal Secretary, Urban Development and
Housing Department, Government of Bihar, Patna within a
period of four weeks from today by filing a representation for
redressal of the grievance(s);
(b) Respondent No. 2, namely Principal Secretary,
Urban Development and Housing Department, Government of
Bihar, Patna shall consider and dispose it of expeditiously by a
reasoned and speaking order preferably within a period of four
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;
Patna High Court CWJC No.16884 of 2021 dt.01-10-2021
(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;
The petition stands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
(S. Kumar, J) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 05.10.2021 Transmission Date
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