Samir Kumar vs The State Of Bihar
2022 Latest Caselaw 2698 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.4125 of 2022
     ======================================================

Samir Kumar Son of Siya Sharan Thakur, Resident of Ward No. 5, Dumra,

Sitamarhi Bihar - 843301.

... ... Petitioner/s

Versus

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

Construction, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Building Construction, Govt. of

Bihar, Patna.

3. The Engineer in Chief Cum Additional Commissioner Cum Special

Secretary, Department of Building Construction, Govt. of Bihar, Patna.

4. The Chief Engineer (North), Department of Building Construction, Govt. of

Bihar, Patna.

5. The Executive Engineer, Department of Building Construction, Building

Construction Division, Sitamarhi.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Gautam Kumar Kejriwal, Adv For the Respondent/s : Mr.Manoj Kr. Ambastha (SC26) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-05-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.4125 of 2022 dt.10-05-2022

The impugned order dated 13.08.2021, passed by

Respondent No. 3, namely the Engineer-in-Chief cum

Additional Commissioner cum Special Secretary Department of

Building Construction, Govt. of Bihar, Patna, is a cryptic and Patna High Court CWJC No.4125 of 2022 dt.10-05-2022

non-speaking order and entails civil consequences as it affects

the petitioner's rights.

In view of the submissions made and the grounds

mentioned in the petition, the impugned order dated 13.08.2021,

passed by Respondent No. 3, namely the Engineer-in-Chief cum

Additional Commissioner cum Special Secretary Department of

Building Construction, Govt. of Bihar, Patna is quashed and set

aside, with liberty to the petitioner to approach Respondent No.

3 afresh.

Petition is disposed of in the following terms:

(a) The petitioner shall make himself available before

the Respondent No. 3, namely the Engineer-in-Chief cum

Additional Commissioner cum Special Secretary Department of

Building Construction, Govt. of Bihar, Patna on 27.05.2022;

(b) On the said date, the entire material shall be

supplied to the petitioner;

(c) Within two weeks thereafter, petitioner shall file

response, complete in all respects;

(d) Petitioner shall fully cooperate and not take any

unnecessary adjournment;

(e) The officer shall pass an order assigning reasons

within a period of three months thereafter;

Patna High Court CWJC No.4125 of 2022 dt.10-05-2022

(f) While considering such request, principles of

natural justice shall be followed and due opportunity of hearing

afforded to the parties.

(g) Liberty reserved to the petitioner to challenge the

order, should the need so arise subsequently.

The petition is disposed of in the aforesaid terms.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) ranjan/-

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