Kamlesh Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9238 of 2020 ====================================================== Kamlesh Prasad Singh Son of Late Lal Babu Singh Resident of VillageLaxman Nagar Ward No. 12, Police Station- Gayaghat, District- Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna.
2.
The District Magistrate, Muzaffarpur.
3.
The Executive Engineer, P.H.E.D. Muzaffarpur. 4.
The Circle Officer, Block Gayghat, District- Muzaffarpur. 5.
The Block Development Officer, Block- Gayaghat, District- Muzaffarpur. 6.
The Mukhiya, Gram Panchayat Rajya Laxman Nagar, Block- Gayaghat, District- Muzaffarpur.
7.
The Panchayat Secretary, Gram Panchayat Rajya Laxman Nagar, Gayaghat, Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mazharul Hassan, Adv For the Respondent/s :
Mr. P.N. Shahi AAG-6 & Mr. Mritunjay Kumar AC to AAG-6 ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 16-12-2020 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):- "That this writ application by way of public interest litigation is being filed on behalf of the petitioner for issuance of order or orders/direction or directions to the respondents for setting aside the selected plan of Aangan Bari Centre's Building, Village-Trilokwa (Alpsankhyak Tola), Panchayat Raghunathpur, Police Station and BlockKalyanpur, District Motihari (East Champaran). The BDO
Patna High Court CWJC No.9238 of 2020 dt.16-12-2020 2/3 Kalyanpur Blood, East Champaran, Motihari, Respondent no. 5 and after setting aside the aforesaid planissued the direction to respondents to prepare fresh plan or make the Aanganbari Centre Biilding as the centre situated and sanctioned and as the place passed by local body meeting in public interest and after investigation punish to the responsible persons who have prepared the plan for construction of Aanganbari Centre Building without applying his judicial mind."
After the matter was heard for sometime, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the respondent no. 5 Block Development Officer, Gayaghat, Muzaffarpur, to consider and decide the representation with respect to grievances raised in such representation.
Learned counsel for the respondent states that if such representation is filed before the respondent no. 5 Block Development Officer, Gayaghat, Muzaffarpur, same shall be considered and decided within a period of two months from the date of receipt of such representation in accordance with law. Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.
Liberty reserved to petitioner to approach the court, if the need so arises subsequently on the same and subsequent cause of action.
Patna High Court CWJC No.9238 of 2020 dt.16-12-2020 3/3 The writ petition is accordingly, disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAR CAV DATE NA Uploading Date Transmission Date NA