Madan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9541 of 2018 ====================================================== Madan Kumar S/o Ramchandra Ray, aged about 30 years, Resident of Village- Singaila, Nagar Panchayat Ward No.- 05, P.O.- Motipur, P.S.- Motipur, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The Executive Officer, Nagar Panchayat, Motipur, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kumar, Adv.

Mr. Rajiv Ranjan Singh, Adv.

Mrs. Priya Choubey, Adv.

For the Respondent/s :

Mr.Subhash Pd. Singh- Ga3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 11.5.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s: "That this writ petition is being filed in the nature of Public Interest Litigation to quash the short tender notice no-01/17-18 dated 6/3/18 published in Dainik Jagaran (Hindi Edition) Muzaffarpur whereby the petitioner and other residents of the concerned locality having issue of Public Interest in common

Patna High Court CWJC No.9541 of 2018(2) dt.06-01-2020 2/3 and in the larger interest of the general public of the concerned locality filed representations before the Divisional Commissioner, Tirhut, Muzaffarpur, Bihar to cancel the aforesaid tender on the ground of congestion in the concerned locality will cause enormous inconvenience to the public at large of the concerned locality on the ground of the fact that there is always a huge rush of crowd in that area and by operating a "mini bus stand" will result into further multiplying the Problem of jam/commotion and increase in the activities of anti-social elements in that locality."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes

Patna High Court CWJC No.9541 of 2018(2) dt.06-01-2020 3/3 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. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U