Ritu Devi @ Ritu Kumari Mukhia @ Ritu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5504 of 2020 ====================================================== Ritu Devi @ Ritu Kumari Mukhia @ Ritu Kumari wife of Manoj Kumar resident of Jai Prakash Nagar, P.s.- Sadar, District- Ranchi (Jharkhand) at present residing at Nowagarhi, Uttari Gram Panchayat, Sadar Block, P.s.- Muffasil, District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Munger 2.

The Secretary, Rural Works Department, Bihar, Patna 3.

The Deputy Development Commissioner, Munger 4.

The Executive Engineer, Rural Works Department, Munger 5.

The Block Development Officer, Sadar, Munger 6.

The Sanjay Choudhary son of late Jagdambi Choudhary resident of village Charoun, District- Munger ... ... 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.Diwakar Sinha For the Respondent/s :

Mr.Pushakar Narain Shahi ( Aag6 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 22-12-2020 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(A) A writ in the nature of mandamus or any other appropriate writ, order, direction commanding the respondents to ensure the work be done in terms of Tender Notice No. RWD/NABARD/ET/13/2018-19 as published in Dainik Jagran News Paper dated 20.01.2019 relating to construction of Road under Sadar Block Munger from Gaira Pahar Mor to Pipardah River Via Charoun.

(B) A writ in the nature of mandamus or any other appropriate writ order direction commanding the respondents not to do

Patna High Court CWJC No.5504 of 2020 dt.22-12-2020 2/3 construction work in deviation of the allotted work." 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 filing for redressal of the grievance(s).

State has no objection to the same.

As such, petition is disposed of in the following terms: The petitioner shall file a representation before the authority concerned within a period of eight weeks. The concerned respondent is directed to consider and decide such representation expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order.

The proceedings, during the time of current PandemicCovid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

Patna High Court CWJC No.5504 of 2020 dt.22-12-2020 3/3 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. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing be afforded to the parties. Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rrajivAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA