Murlee Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9881 of 2020 ====================================================== Murlee Mehta, son of Late Mangal Mehta, resident of Village- Jhilla Dumri (Ghadhia), Ward No. 13, P.S. Bhaptiyahi, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3.

The District Magistrate, Supaul.

4.

The Circle Officer, Saraigarh, Bhaptiyahi, District- Supaul. 5.

The Block Development Officer, Saraigarh, Bhaptiyahi, District- Supaul. 6.

The Mukhiya, Gram Panchayat Jhilla Dumri, Saraigarh, Bhaptiyahi, P.S.- Bhaptiyahi, District- Supaul.

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr.Lalit Kishore, A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-01-2021 Petitioner has prayed for the following relief(s):- "For issuance of direction against the respondents to immediately stop the illegal and unjustified construction of another 'Panchayat Sarkar Bhawan' at an ineligible place which is also against the departmental guidelines, and/order any other reliefs for which the petitioner is found entitled to in the facts and circumstances of this case."

Learned counsel for the State opposes the

Patna High Court CWJC No.9881 of 2020 dt.05-01-2021 2/3 petition stating that the petition is misconceived; raises disputed question of fact; is not in public interest; and that the issue can be best resolved at the Government level by the appropriate authorities.

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 respondent(s) to consider and decide the representation which the petitioners shall be filing afresh for redressal of the grievance(s). Learned counsel for the respondents states that if such a representation is filed by the petitioner within a period of two months from today, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

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.

Patna High Court CWJC No.9881 of 2020 dt.05-01-2021 3/3 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.

All issues are left open.

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.

The petition stands disposed of in the aforesaid terms.

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

(Sanjay Karol, CJ) ( Rajeev Ranjan Prasad, J) sujit/- AFR/NAFR CAV DATE Uploading Date 05.01.2021 Transmission Date