Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6980 of 2021 ====================================================== Reshmi Singh, W/o Anil Kumar Singh, Resident of Mohalla - Bypass Road, Ward No. 36, Gulabbagh, P.S. - Gulabbagh, District- Purnea. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Agriculture Department, Government of Bihar, New Secretariat, Patna.
2.
The Administrator, Agriculture Market Committee, (Dissolve), Patna Bhawan, Bailey Road, Patna.
3.
The Agriculture Produce Market Committee, Gulabbagh Purnea through SOD-cum-Special Officer, Sadar, Purnea.
4.
The Sub-Divisional Officer-cum-Special Officer, Purnea. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 7541 of 2020 ====================================================== Ashutosh Kumar, S/o Sri Ram Rai, Resident of Village- City Road, Hansda, P.S. Sadar, District Purnea.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Agriculture Department, Government of Bihar, New Secretariat, Patna.
2.
The Administration, Agriculture Market Committee (Dissolve), Ram Bhawan, Bailey Road, Patna.
3.
The Agriculture Produce Market Committee, Gulabbagh Purnea through SDO cum Special Officer, Sadar, Purnea.
4.
The Sub- Divisional Officer-cum- Special Officer, Purnea. ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 6980 of 2021) For the Petitioner/s :
Mr. Vijay Anand, Advocate For the Respondent/s :
Mr.Raghwanand (GA11) (In Civil Writ Jurisdiction Case No. 7541 of 2020) For the Petitioner/s :
Mr.Vijay Anand, Advocate
2/7 For the Respondent/s :
Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 08-03-2022 The petitioner in CWJC No. 6980 of 2021 has prayed for the following relief/s :-
3/7 The petitioner in CWJC No. 7541of 2020 has prayed for the following relief/s :-
4/7
5/7 After the matter was heard for some time, finding the Bench not to be agreeable with the submissions made by learned counsel for the petitioners, learned counsel for the petitioners, under instructions, states that petitioners will be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioners will be filing within a period of four weeks from today for redressal of the grievance(s).
Learned counsel for the respondents states that if
6/7 such a representation is filed by the petitioners, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order.
Statement accepted and taken on record.
As such, both the petitions stand disposed of on the following terms:- (a) Petitioners will approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;
(c) The order assigning reasons shall be communicated to the petitioners;
(d) Needless to add, while considering such representations, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties; (f) Equally, liberty is reserved to the petitioners to
7/7 take recourse to such alternative remedies as are otherwise available in accordance with law;
(g) We are hopeful that as and when petitioners take 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; (h) Liberty reserved to the petitioners to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action; (i) We have not expressed any opinion on merits. All issues are left open;
Both the petitions stand disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 11.03.2022 Transmission Date