Sopan Sah vs The State Of Bihar
2022 Latest Caselaw 389 Patna

Citation : 2022 Latest Caselaw 389 Patna
Judgement Date : 13 January, 2022

Patna High Court

Sopan Sah vs The State Of Bihar on 13 January, 2022

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14141 of 2021
     ======================================================

Sopan Sah, Son of Muneshwar Sah Resident of Village- Lodhia, Post Office- Lakhpura, Police Station- Barahat, District- Banka.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The Principal Secretary Department of Planning and Development, Government of Bihar, Patna.

3. The Principal Secretary Department of Revenue and Land Reforms, Bihar, Patna.

4. The District Magistrate Banka.

5. The Superintending Engineer Building Construction Circle, Bhagalpur.

6. The Executive Engineer Building Construction Division, Banka.

7. The Assistant Engineer Building Construction Division, Banka.

8. The District Planning Officer Banka.

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

For the Petitioner/s : Mr.Rajib Ranjan Jha, Advocate For the Respondent/s : Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.)

Date : 13-01-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s).

"1. That, this writ application is being filed for issuance of appropriate writ or writs, direction or directions commanding the respondents to pay the admitted amount of Rs. 11,73,127.00 to the petitioner who has completed the work for a agreement vide No.101F2 2018 - 19 for the agreement amount against Rs.11,24,960.00 which has Patna High Court CWJC No.14141 of 2021 dt.13-01-2022

been with held by the respondents after completion of construction of Boundary wall AROUND Revenue Kachari at Village

- Kachmachia in Barahat Block under Banka district for the year 2017 - 18, the said work was duly approved by the respondent No. 5 vide letter No. 728 dated 23.06.2018 and also after granting administrative approval by the respondents and or issuance of appropriate consequential writ or writs for delayed payment of penal as well statutory interest thereon and or issuance of appropriate writ or writs under the facts and circumstances of the case."

3. 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).

4. 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 four months from the date of its

filing along with a copy of this order.

5. Statement accepted and taken on record.

6. As such, petition stands disposed of in the

following terms:-

Patna High Court CWJC No.14141 of 2021 dt.13-01-2022

(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 four months from the date of its

filing along with a copy of this order;

representation, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

(d) Also, opportunity to place on record all relevant

materials/documents shall be granted to the parties;

(e) Equally, liberty is reserved to the petitioner to

take recourse to such alternative remedies as are otherwise

available in accordance with law;

(f) 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;

(g) Liberty reserved to the petitioner to approach the

appropriate forum/Court, should the need so arise subsequently

on the same and subsequent cause of action;

Patna High Court CWJC No.14141 of 2021 dt.13-01-2022

(h) We have not expressed any opinion on merits.

All issues are left open;

(i) 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;