Sri Kant Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10423 of 2020 ====================================================== Sri Kant Mandal, Son of Late Dular Mandal, Resident of Village-Paita, P.S.- Phulparas, Block-Ghoghardiha, District-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Land Reform, Bihar, Patna.

2.

The Secretary, Rural Work Department, Bihar, Patna. 3.

The Commissioner, Darbhanga Pramandal.

4.

The Collector-Cum District Magistrate, Madhubani. 5.

The Superintendent of Police, Madhubani, 6.

The Sub-Divisional Magistrate, Phulparas, District-Madhubani. 7.

The Deputy Collector Land Reform, Phulparas, District-Madhubani. 8.

Executive Engineer, Rural Work Department, Phulparas District-Madhubani. 9.

The Circle Officer, Ghoghardiha, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rikesh Sinha For the Respondent/s :

Mr.Md. Khurshid Alam, AAG-12 (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 21-06-2021 Heard the parties.

Petitioner has prayed for following relief(s):- "1. That by this Public Interest Litigation (PIL) writ application the petitioner craves indulgence of this Hon'ble Court for issuance of writ of Mandamus for directing and commanding upon the respondent

2/4 authorities to complete the construction of remaining PCC Road about 50 meter between point LO 45 to point LO 46 (Kaluar to Belha), Block - Ghoghardiha, district Madhubani under GSTNY Scheme and/or for issuance of appropriate writ or direction for which your lordship may deem fit and proper under the circumstances of the case stated herein after."

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s). Learned counsel for the respondents states that if such a representation is filed by the petitioner, 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.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing

3/4 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) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) 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; (f) Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits. All issues are left open;

(h) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode,

4/4 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, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA