Ashok Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19544 of 2010 ====================================================== Ashok Thakur S/O Late Ram Peyar Thakur, R/O Vill.- Bhadar,P.S.- Sikraul, Distt.- Buxar .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna

2. The Secretary, Home Department, Govt. of Bihar, Patna

3. The Chairman, Bihar State Electricity Board, Patna

4. The Executive Engineer Bihar State Electricity Board, Ara

5. The District Magistrate, Ara .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Respondent No.1,2 & 5 : Mr. Dilip Kumar, AC to GA-7 For the Respondent No. 3 & 4 : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 19-03-2015 Heard the parties.

Though this writ petition was filed way back on 26.11.2010, yet counter-affidavit has not been filed on behalf of the respondents despite passage of more than four years. In view of the nature of grievances/claims raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that instead of keeping the matter pending any longer directing the learned counsel for the respondents to file counteraffidavit, the interest of justice shall be sub-served if the petitioner is granted liberty to file a comprehensive representation with all supporting documents before the Managing Director of South Bihar Power Distribution Company Ltd. raising all the points, which have been raised in the present writ petition. It is ordered accordingly.

If such a comprehensive representation is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the Managing Director of

Patna High Court CWJC No.19544 of 2010 (2) dt.19-03-2015 2/2 South Bihar Power Distribution Company Ltd. either himself or any other competent authority of that company shall be obliged to consider and decide the claims of the petitioner in accordance with law by a reasoned and speaking order at an early date preferably within a maximum period of three months from the date of filing of such representation.

It is clarified that if on consideration of the materials the claims raised on behalf of the petitioner are found admissible to him, then consequential order shall also be issued for grant of such admissible claims to the petitioner without any unnecessary further delay.

It is further clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and it is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U