Citation : 2022 Latest Caselaw 652 Patna
Judgement Date : 25 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17304 of 2021
======================================================
Babita Devi Wife of Ashok Kumar Saw Resident of Mohalla - Chitranjan Road, Purani Bajar, P.S. - Lakhisarai District- Lakhisarai.
... ... Petitioner/s Versus
1. South Bihar Power Distribution Company Limited, through its Chairman, Vidyut Bhawan, Patna.
2. The Chairman, South Bihar Power Distribution company Limited, Vidyut Bhawan, Patna.
3. The Electricals Superintending Engineer, Munger.
4. The Electrical Executive Engineer Lakhisarai.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Respondent/s : Mr. Vinay Kirti Singh, Advocate Mr. Kumar Tiwari, Advocate ====================================================== 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 : 25-01-2022
Heard learned counsel for the parties.
2. Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.17304 of 2021 dt.25-01-2022
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 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. Patna High Court CWJC No.17304 of 2021 dt.25-01-2022
6. As such, petition stands disposed of in the
following terms:-
(a) Petitioner shall approach the authority
concerned i.e. Respondent No. 4 namely the Electrical
Executive Engineer, Lakhisarai 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) 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;
(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 Patna High Court CWJC No.17304 of 2021 dt.25-01-2022
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;
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 27.01.2022 Transmission Date
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