Girija Nandan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13438 of 2014 ====================================================== Girija Nandan Singh, S/o Late Mahendra Singh, R/O Village- Tilaktajpur, P.S.- Runnisaidpur, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna

2. The District Magistrate, Sitamarhi

3. The Rehabilitation Officer, Bagmati Pariyojana Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma, Adv. Mr.Arun Kumar Sinha, Adv.

For the Respondent/s : Mr. Rakesh Ambastha, AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-09-2016 Heard the parties.

In view of the nature of the grievances/claims raised on behalf of the petitioner in the present writ petition and in view of the averments made in the counter affidavit filed on behalf of the respondent no.3, this Court is of the opinion that no useful purpose shall be served by keeping the present matter pending any longer before this Court, rather the interest of justice shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation with all supporting documents before the respondent District Collector, Sitamarhi, raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly.

If such a fresh comprehensive representation is filed by the petitioner with all supporting documents as also with a certified copy of the present order within a period of one month from today, then the respondent District Collector, Sitamarhi either himself or any other competent authority of the respondent

Patna High Court CWJC No.13438 of 2014 (3) dt.06-09-2016 State, as per direction of the respondent District Collector, Sitamarhi, shall be obliged to consider and decide the claims raised on behalf of the petitioner strictly in accordance with law by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner, besides others, if any, at an early date, preferably within a period of six months from the date of filing of such fresh comprehensive representation by the petitioner. If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then the consequential orders shall also be issued for grant of such admissible claims without any unnecessary further delay.

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

(Birendra Prasad Verma, J) Arvind/- U