Ravindra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4083 of 2021 ====================================================== Ravindra Kumar Singh son of Late Vishva Nath Singh Resident of Bhadasara, Police Station- Bihiya, District- Bhojpur at Ara ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Additional Chief Secretary, Revenue and Land Reforms department, Government of Bihar, Patna 3.

The District Officer, Bhojpur at Ara 4.

The Sub Divisional Officer, Jagdishpur, under district Bhojpur 5.

The Executive Officer, Nagar Panchayat, Bihiya under district- Bhojpur 6.

The Anchal Adhikari Bihiya under district- Bhojpur ... ... Respondent/s (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr. Ramchandra Singh, Adv.

Mr. Suresh Kumar, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 29-06-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(i) That this Hon'ble High Court may be graciously pleased to direct to the Respondents-Authorities that the Vending Zone on PCC Road on Khata No. 913, Survey Plot No. 605, NatureANABAD SARB SADHARN RASTA, Mauza-Bihiya (711), Thana No. 147, Anchal-Bihiya (10), under

2/4 Nagar Panchayat, Bihiya, DisttBhojpur (29) may not be made in the interest of Public, local residential, student and Railway Passenger of Bihiya Station.

(ii) That any other reliefs may be provided to the Public in accordance with law."

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 Executive Officer, Nagar Panchayat, Bihiya, Distt.- Bhojpur 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).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the Executive Officer, Nagar Panchayat, Bihiya, Distt.- Bhojpur 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 in the following terms:- (a) Petitioner shall approach the authority concerned

3/4 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 three 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) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) 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; (f) Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits. All issues are left open;

(h) The proceedings, during the time of current

4/4 Pandemic- Covid-19 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) ( S. Kumar, J) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30-6-2021 Transmission Date NA