← Library
Patna High CourtCWJC/10470/2020disposed

Subodh Kumar Rai v. The State Of Bihar

2021-12-20The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10470 of 2020 ====================================================== Subodh Kumar Rai Son of Sri Bhagwan Rai Resident of Village- English Farka, P.O. and Post- Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Deputy Chief Election Officer- cum- Deputy Secretary to the Government, Cabinet (Election) Department, Government of Bihar, Patna.

2.

District Election Officer-cum- District Magistrate Bhagalpur. 3.

District Election Officer-cum- District Magistrate Supaul. 4.

District Election Officer-cum- District Magistrate Begusarai. 5.

District Election Officer-cum- District Magistrate Muzaffarpur. 6.

District Election Officer-cum- District Magistrate Siwan. 7.

District Election Officer-cum- District Magistrate Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Jha, Adv For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "That this is an application for issuance of an appropriate writ, order or direction particularly in the nature of writ of mandamus commanding upon the respondents to pay the compensation of the vehicle (Bus) of the petitioner bearing Registration Number BR-10E-6494 which was used by the State Government in Lok Sabha Election 2019 for the period 05.04.2019 to 20.05.2019. And further grant other relief or reliefs which the petitioner is entitled with interest for delayed payment."

Patna High Court CWJC No.10470 of 2020 dt.20-12-2021 2/3 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 i.e. respondent no. 2 namely, District Election Officer-cum- District Magistrate Bhagalpur, 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 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 two 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

Patna High Court CWJC No.10470 of 2020 dt.20-12-2021 3/3 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 arises subsequently on the same and subsequent cause of action;

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

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA