Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9314 of 2024 ====================================================== Mahaboudh Jan Swasthaya Evem Sarvangin Vikas Kendra 103, Ramalaya Apartment, Vijay Nagar, Rukanpura, Patna through its Secretary Dilip Kumar, aged about 47 years, Son of Sri Mohan Sharma, Resident of VillageKhokhari, P.S.- Arwal, District - Arwal. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Urban Development and Housing Department, Government of Bihar, Patna - 800001.
2.
The Municipal Commissioner, Patna Municipal Corporation, Patna - 800001.
3.
The Chief Municipal Engineer, Patna Municipal Corporation, Patna - 800001.
4.
The Additional Municipal Commissioner, Patna Municipal Corporation, Patna - 800001.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Mistry, Adv.
:
Mr. Vikash Kr. Jha, Adv.
For PMC :
Mr. Prasoon Sinha, Adv.
:
Mr. Prabhat Kumar, Adv.
For the Respondent/s :
Mr. Government Pleader 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-04-2025 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the parties.
2. Having regard to the fact that as per the Clause 23 of the agreement entered between the petitioner and the Patna Municipal Corporation, the petitioner has remedy of approaching the Additional Municipal Commissioner/ Deputy Municipal Commissioner (Central Scheme PMC) i.e., respondent No. 4 herein, if there is any dispute or difference
Patna High Court CWJC No.9314 of 2024(2) dt.23-04-2025 2/3 arising between the authority and the agency relating to any matter connected with the said agreement, the petitioner is directed to submit a representation ventilating his grievance to Additional Municipal Commissioner/ Deputy Municipal Commissioner (Central Scheme PMC) within a period of two weeks from the date of receipt of a copy of this order. On such representation being given, the respondent No. 4 shall consider the same and pass necessary orders or issue directions for payment of the amounts due to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of four weeks from the date of receipt of a representation from the petitioner. In case the respondent No.
4 seeks any clarifications, the petitioner shall be put on notice and given an opportunity of clarifying the same. Any orders passed shall be communicated to the petitioner. In case the respondent No. 4 comes to the conclusion that the claim of the petitioner does not merit any consideration, he shall pass a reasoned order giving the reasons for rejection of the said claim. In case the respondent No. 4 does not pass the necessary orders within the time frame granted by this Court, the petitioner is free to ventilate/ escalate his grievance before the Commissioner as provided under Clause 23 of the agreement.
Patna High Court CWJC No.9314 of 2024(2) dt.23-04-2025 3/3
3. With the above direction, the present writ petition stands disposed of.
(A. Abhishek Reddy, J) Ayush/- U