Citation : 2022 Latest Caselaw 466 Patna
Judgement Date : 17 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11685 of 2021
======================================================
Naresh Yadav S/o Sita Ram Yadav, Resident of Village- Kalyanpur East Tola, P.O., P.S. and District- Jamui.
... ... Petitioner/s Versus
1. The State of Bihar.
2. The Principal Secretary Urban Development Department, Govt. of Bihar, Patna.
3. The District Magistrate, Jamui.
4. The D.D.C. (Deputy Development Commissioner), Jamui.
5. The Executive Officer, Nagar Parishad, Jamui.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Respondent/s : Mr. Abbas Haider, SC-6 ====================================================== 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 : 17-01-2022
Heard learned counsel for the parties.
2. Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.11685 of 2021 dt.17-01-2022
Patna High Court CWJC No.11685 of 2021 dt.17-01-2022
Patna High Court CWJC No.11685 of 2021 dt.17-01-2022
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 Patna High Court CWJC No.11685 of 2021 dt.17-01-2022
following terms:-
(a) Petitioner shall approach the authority concerned
i.e. Respondent No. 5 namely the Executive Officer, Nagar
Parishad, Jamui 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 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;
(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 Patna High Court CWJC No.11685 of 2021 dt.17-01-2022
appropriate forum/Court, should the need so arise subsequently
on the same and subsequent cause of action;
(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;
7. The petition stands disposed of in the aforesaid
terms.
8. Interlocutory Application(s), if any, stands
disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 19.01.2022 Transmission Date
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