Patna High Court
Arman vs The State Of Bihar on 5 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17614 of 2021
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ARMAN S/o Mohan Ali Resident of Madhepur, P.S. and District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Principal Secretary, Education Department, Government of Bihar,
Patna.
4. The Regional Deputy Director of Education, Darbhanga Division,
Darbhanga.
5. The District Magistrate, Madhubani, District- Madhubani.
6. The District Education Officer, Madhubani, District- Madhubani.
7. The District Programme Officer, Madhubani, District- Madhubani.
8. The Circle OFficer, Madhepura, District- Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ugranath Mallik, Advocate
Mr. Shashi Bhushan Pd. Sinha, Advocate
For the Respondent/s : Mr. Ram Vinay Pd. Singh, AC to GA XII
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 05-10-2021
Petitioner has prayed for the following relief(s):
"To constitute a committee and for
proper enquiry on the issue that on the cost
of Rs. 1,50,00,000/- i.e. public money an
Upgraded High School, Basipatti has been
constructed on a private raiyati land and
further a direction to fix the responsibility
whereby on private raiyati land public
Patna High Court CWJC No.17614 of 2021 dt.05-10-2021
money has been used and after fixing the
responsibility take appropriate action of the
responsible officers and/or any other
relief/reliefs for which the petitioner may
found to be entitled in the facts and
circumstances of the case."
Considering the nature of grievance raised in the
application, we are of the considered view that it would be
appropriate if the petitioner were to first approach the
respondent authorities by way of filing representation.
The present application is, accordingly, disposed of
reserving liberty to the petitioner to file appropriate
representation before Respondent No. 8, namely The Circle
Officer, Madhepura, District- Madhubani, within a period of
four weeks. If such a representation is filed by the petitioner
within the time stipulated, the authority concerned is directed to
consider the same and dispose it of expeditiously and preferably
within a period of three months thereafter. Needless to say that
while considering such request, principles of natural justice
shall be followed and due opportunity of hearing afforded to the
parties.
If aggrieved by the said order, the petitioner shall
have liberty to approach this Court by way of separate petitions,
Patna High Court CWJC No.17614 of 2021 dt.05-10-2021
if so required and desired.
With the aforesaid observations, this application is
disposed of.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/DKS/-
AFR/NAFR
CAV DATE
Uploading Date 07.10.2021
Transmission Date
