Pramod Kumar Sah vs The State Of Bihar
2022 Latest Caselaw 558 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.17211 of 2021
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Pramod Kumar Sah, S/o Late Radhe Sah, R/o Village-Simri, P.O.-Kansi Simri, P.S.-Simri, District-Darbhanga Proprietor of M/s P and P. Construction and a Government contractor.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Building Construction Department, Sachiwalaya, Patna, Bihar.

2. The Superintending Engineer, Building Construction Department, BCD Division, Darbhanga.

3. The Executive Engineer, Building Construction Department, BCD Division (Sanrachana Pramandal), Darbhanga.

4. Assistant Engineer BDC Division (Sanrachana Pramandal), Darbhanga.

5. The Junior Engineer, Building Construction Department, BCD Division (Sanrachana Pramandal), Darbhanga.

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

For the Petitioner/s : Mr.Pankaj Kumar Das, Advocate For the Respondent/s : Mr.Sushil Kumar (S.C. 22) ====================================================== 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 : 22-01-2022

Heard learned counsel for the parties.

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

1. That the present petitioner seeks the following reliefs through the present writ application for issuance of a writ in the nature of mandamus or any other writ, order/orders and direction to the respondents to consider the case of the petitioner:-

Patna High Court CWJC No.17211 of 2021 dt.22-01-2022

(I) For that payment of admitted dues against the completion of works like waiting Hall, toilet, Urinal in Sub-Registrar office, Kamtaul, Darbhanga with statutory interest.

(II) For issuance of any other relief or reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(III) For issuance of any other relief or reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

3. After the matter was heard for some time, finding

the Bench not to be agreeable with the submissions made by

learned counsel for the petitioner, learned counsel for the

petitioner, under instructions, states that petitioner shall be

content if a direction is issued to the authority concerned i.e.

(Respondent No. 3, the Executive Engineer, Building

Construction Department, BCD Division (Sanrachana

Pramandal), Darbhanga) 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 Patna High Court CWJC No.17211 of 2021 dt.22-01-2022

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:-

(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;

(c) The order assigning reasons shall

be communicated to the petitioner;

(d) Needless to add, while

considering such representation, principles of

natural justice shall be followed and due

opportunity of hearing afforded to the parties;

(e) Also, opportunity to place on

record all relevant materials/documents shall be

granted to the parties;

Patna High Court CWJC No.17211 of 2021 dt.22-01-2022

(f) Equally, liberty is reserved to the

petitioner to take recourse to such alternative

remedies as are otherwise available in

accordance with law;

(g) 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;

(h) 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;

(i) We have not expressed any

opinion on merits. All issues are left open;

(j) 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;

Patna High Court CWJC No.17211 of 2021 dt.22-01-2022

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) veena/rajiv-

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