Bidya Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7286 of 2019 ====================================================== Bidya Bhushan S/o Jitu Prasad R/o Vill- Kesoria, PS- Nardiganj, Distt.- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Secretary, Department of Scheme and Development, Bihar, Patna.

2.

The Secretary Department of Scheme and Development, Bihar, Patna. 3.

The Principal Secretary Department of Education, Bihar, Patna. 4.

The District Magistrate cum Collector Nawada. 5.

The District Education Officer Nawada.

6.

The District Programme Officer Primary Teacher and Sarv Shikha Abhiyan, Nawada.

7.

The District Yojna Officer Nawada.

8.

The Executive Engineer Local Area, Engineering Organization, Work Division-1 Nawada.

9.

The S.D.O. Nawada sadar, Nawada.

10.

The Circle Officer Nardiganj Block, Nardiganj, Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Respondent/s :

Mr.Anjani Kumar (Aag4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2019 The petitioner by way of the present writ petition has prayed for the following reliefs:- (i) That the present writ application is filed for issuance of writ "Certiorari" in nature, setting aside the order passed by the respondent no. 7, The District Yojna Officer, Nawada as contained in letter no.

120 dated 7.2.2019 by which the construction of Library Building at village Kesoria under Dohra Gram Panchyat, in Nardiganj Block over the land having Khatta No. 744, Khesra no. 6034, area 0.05 Dec has been stayed.

Patna High Court CWJC No.7286 of 2019(3) dt.16-07-2019 2/3 (ii) Further to issue writ Certiorari in nature setting aside the order as contained in letter no. 210 dated 5.2.19, issued under signature of respondent no. 6, District Programme Officer, Primary Teacher and Sarv Siksha Abhiyan, Nawada, by which the NOC granted vide letter no. 155 dt.

30.1.19 for construction of Library Building at village Kesoria under Dohra Gram Panchayat, in Nardiganj Block over the land having Khatta no. 744, Khera no.

6034, area 0.05 Dec. has been cancelled.

(iii) Further to direct the respondents authorities to complete the construction work of Library Building at village Kesoria under Dohra Gram Panchyat, in Nardiganj Block over the land having Khatta no. 744, Khesra no. 6034, area 0.05 Dec immediately without any delay.

(iv) To any other relief (s) for which petitioners are entitled for in the facts and circumstances of the case."

The learned counsel for the petitioner submits that the case of the petitioner be examined by the District Magistratecum-Collector, Nawada with regard to the aforesaid grievances, in connection whereof, the petitioner would be filing an appropriate representation within a period of four weeks from today, whereafter the District Magistrate-cum-Collector, Nawada may dispose of the same by a reasoned and speaking order.

Having regard to the submissions made by the learned counsel for the petitioner, I deem it fit and proper to grant

Patna High Court CWJC No.7286 of 2019(3) dt.16-07-2019 3/3 liberty to the petitioner to approach the District Magistratecum-Collector, Nawada for redressal of his aforesaid grievances by filing an appropriate representation within a period of four weeks from today which shall be disposed of by the learned District Magistrate-cum-Collector, Nawada within a period of eight weeks, thereafter by a reasoned and speaking order.

(Mohit Kumar Shah, J) ajay gupta/- U