Amit Kumar vs The State Of Bihar
2023 Latest Caselaw 28 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.24310 of 2019
     ======================================================

Amit Kumar Son of Kapildev Prasad Residence of Village- Padmanagar Ujjain Tola, Ward No. 35, P.S. Bettiah Muffasil, Distt. West Champaran at Bettiah,.

... ... Petitioner/s Versus

1. The State of Bihar

2. The District Magistrate, West Champaran at Bettiah.

3. The Deputy Development Commissioner West Champaran at Bettiah (Bettiah Collectorate Parisar).

4. Chairman Zila Parishad, West Champaran at Bettiah, R/o Ujjain Tola, Road,(Near Dakghar), P.O. and P.S.-Nagar Bettiah, District-West Champaran at Bettiah.

5. Circle Officer, Bettiah.

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

For the Petitioner/s : Mr.Vikram Jeet, Advocate Mr. Binay Kumar, Advocate For the Respondent/s : Mr. Subash Chandra Yadav, GP-15 Mr. Dhurjati K. Prasad, GP-14 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 02-01-2023

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

"That this is an application for issuance of an appropriate Civil Writ or Writs, Order or orders, direction or directions and to allot the shop no-2 to the petitioner in Bettiah Nagar Nigam because in 1996 he had applied for shop in 1996 and also paid sum of 2000 rupees for this."

After the matter was heard for some time,

learned counsel for the petitioner, finding the court not to be in

favour of the submissions made across the bar, seeks permission Patna High Court CWJC No.24310 of 2019 dt.02-01-2023

to withdraw the present petition reserving liberty to approach

the respondent no. 4, namely Chairman Zila Parishad, West

Champaran at Bettiah, R/o Ujjain Tola, Road, (Near Dakghar),

P.O. and P.S.-Nagar Bettiah, District-West Champaran at

Bettiah. for redressal of the grievance(s).

Learned counsel for the respondents states that if

petitioner approaches the said respondent within a period of four

weeks and files representation, the authority concerned shall

consider and dispose it of expeditiously and preferably within a

period of three months from the date of its filing along with a

copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of on the

following terms:-

(a) Petitioner shall approach the authority concerned

i.e. Respondent No. 4 namely, Chairman Zila

Parishad, West Champaran at Bettiah, R/o Ujjain

Tola, Road, (Near Dakghar), P.O. and P.S.-Nagar

Bettiah, District-West Champaran at Bettiah.,

within a period of four weeks from today by

filing a representation for redressal of the

grievance(s);

Patna High Court CWJC No.24310 of 2019 dt.02-01-2023

(b) The authority concerned shall consider and

dispose it of expeditiously by a reasoned and

speaking order preferably within a period of

three 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

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; Patna High Court CWJC No.24310 of 2019 dt.02-01-2023

(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 shall be conducted through

digital mode, unless the parties otherwise

mutually agree to meet in person i.e. physical

mode;

The petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, stands

disposed of.

(Sanjay Karol, CJ)

(Partha Sarthy, J) shiv/Sujit

AFR/NAFR CAV DATE Uploading Date Transmission Date