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Patna High CourtCWJC/4125/2022disposed

Samir Kumar v. The State Of Bihar

2022-05-10The Chief Justice -,Mr. Justice S. Kumar4 pages

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):-

2/4 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

3/4 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;

4/4 (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/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA