Birendra Kumar Alias Birendra ... vs The District Board Arwal
2022 Latest Caselaw 155 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6918 of 2021
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Birendra Kumar alias Birendra Sharma alias Birendra Kumar Sharma, S/o Sri Lal Bihari Sharma, R/o village-Mehandia, PO-Jaipur, PS-Mehandia, District- Arwal

... ... Petitioner/s Versus

1. The District Board Arwal, through its Chief Executive Officer cum District Development Commissioner, Arwal (Bihar)

2. District Magistrate, Arwal

3. Deputy Development Commissioner cum Chief Executive Officer Arwal District Arwal

4. Block Development Officer, Arwal

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

For the Petitioner/s : Mr.Diwakar Prasad Singh, Adv For the Respondent/s : Mr.Lalit Kishore ( AG ) ====================================================== (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.)

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 06-01-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

" That in this writ petition challenge in made to the legality &

validity of the action of the Respondent Deputy Development

Commissioner cum Executive Officer, Arwal who canceled

the allotment of Shop NO. 16 situated at Mehandia Market

Complex without any show cause notice & opportunity of

hearing by Memo No. 522 dated 01.09.2016 Subsequently the Patna High Court CWJC No.6918 of 2021 dt.06-01-2022

petitioner meet with the respondent no. 3 Respondent Deputy

Development Commissioner cum Executive Officer Arwal &

apprised the facts then it came out that it was handwork of a

clerk namely Mantu Babu & The respondent Deputy

Development Commissioner cum Executive Officer Arwal

sought a report from the same clerk asking in Margin of

application submitted by the petitioner Quote "Mantu Babu

File se bastuesthiti ke sath" in Hindi. Unquote subsequently

the same clerk Mantu Babu neither submitted any report nor

given to meet with the respondent no. 3 but on 10.10.17 the

petitioner forcibly meet with respondent no. 3 & requested

that there happened dues of rent of 12 months to which the

petitioner be permitted to deposit upon which the respondent

no. 3 Deputy Development Commissioner directed the Head

Assistant to accept the rent by envisaging register but the head

Assistant never accepted the Rent but on 23.01.21 published a

letter on notice board asking the interested person to Deposit

Rs. 5000/- Registration Fee to appear in Auction of the shop

no. 16 of the petitioner. As such the present application is

being filed for the following main relief:

(i) That for issuance of appropriate writ, order of direction of

writ in the nature of certiorari quashing the Memo NO. 522

dated 01.09.16 by which allotment of Shop No. 16 situated at

Mehandia Market Complex settled by Block Development

officer Arwal was canceled by Deputy Development

Commissioner without any opportunity of Hearing since the Patna High Court CWJC No.6918 of 2021 dt.06-01-2022

office bearer had greedy eye over the shop of the petitioner.

(ii) That for issuance of appropriate writ, order of direction of

writ in the nature of certiorari quashing the notice dated

23.01.2021 to the extent it directs auction of shop of the

petitioner bearing Shop No. 16 situated at Mehandia Market

complex.

(iii) That for issuance of appropriate writ, order or direction of

writ in the nature of Mandamus commanding the Respondent

Deputy Development Commissioner cum Executive Officer,

Arwal, not to proceed with the auction of shop of the

petitioner & direction be given to accept the lease Rent of

shop through Bank Account. "

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.

Patna High Court CWJC No.6918 of 2021 dt.06-01-2022

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 said authority 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 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

appropriate forum, if the need so arises subsequently on the Patna High Court CWJC No.6918 of 2021 dt.06-01-2022

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.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J)

ranjan/-

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