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Patna High CourtCWJC/9543/2020disposed

Ashok Kumar v. The State Of Bihar

2020-12-23The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9543 of 2020 ====================================================== Ashok Kumar, Son of Late Mathura Prasad, Resident of Village-Uttarnawan, P.S.-Rahui, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Gram Panchayat Raj Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Nalanda, District-Nalanda. 4.

The Deputy Development Commissioner, Nalanda, District-Nalanda. 5.

The Block Development Officer, Rauhi Block-Rahui, Police Station-Rahui, District-Nalanda.

6.

The Junior Engineer, Block-Rahui, Police Station-Rahui, District-Nalanda. 7.

The Block Programme Officer, MNREGA-Rahui, Block-Rahui, Police Station-Rahui, District-Nalanda.

8.

The Panchayat Secretary, Gram Panchayat Raj-Uttarnawan, Block-Rahui, Police Station-Rahui, District-Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh, Advocate For the Respondent/s :

Mr. P.N. Shahi, A.A.G. 6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-12-2020 Petitioner has prayed for the following relief(s): (I) For issuance of an appropriate

2/4 order/ order/ direction/ directions/ writ in the nature of mandamus directing and Commanding to the Respondents to issue all the welfare Scheme for peoples of Gram Panchayat Raj, Uttaarnawan, Block- Rahui, Police Station- Rahui, DistrictNalanda.

(II) And further be pleased to grant other relief/ reliefs should be granted as the as the petitioner is entitled for."

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 four weeks. The concerned respondent is directed to consider and decide such representation expeditiously and

3/4 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 Pandemic- Covid-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.

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 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.

4/4 Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date Transmission Date