Tripurari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1190 of 2021 ====================================================== Tripurari Singh Son of Guru Sath Singh Resident of Village- Jubadi, P.S.- Sono, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate, Jamui, Bihar.

3.

The Block Development Officer, Sono, Jamui, Bihar. 4.

Mukhiya, Village- Panchayat Parag Matihani, P.S.- Sono, Block- Sono, District- Jamui, Bihar.

5.

Shambhu Das Son of Sukhdeo Das Resident of Dr. B.R. Ambedkar Samiti Para Dhurpahari, Bharatpur, Block- Sono, District- Jamui, Bihar. 6.

Jay Kumar Das Son of Mukesh Kumar Das (Agent) Dr. B.R. Ambedkar Samiti Para-Dhurpahari, Bharatpur, P.S.- Sono, District- Jamui. 7.

Umesh Das Son of Jugal Das (Agent) Dr. B.R. Ambedkar Samiti ParaDhurpahari, Bharatpur, P.S.- Sono, District- Jamui. 8.

Ashok Das Son of Jagdish Das (Agent) Dr. B.R. Ambedkar Samiti ParaDhurpahari, Bharatpur, P.S.- Sono, District- Jamui. ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Mishra, Adv Mr. Shivendra Kumar, Adv For the Respondent/s :

Mr. Manish Kumar GP-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 28-06-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "That this Public Interest Litigation (PIL) is being filed for issuance of direction in the nature of mandamus to the respondent no. 2 D.M. Jamui, against Knavery of Rs. 10000/- to Rs. 20000/- from the villagers for making available Rs. 31/2 Lacs to each of

2/4 them under Indira Aawas Yojana to build up their houses and providing jobs and Tola Sewak to them in their Panchayat but they were cheated at all for which a Public Petition has been filed for inquiry against Private Respondent No. 5 Shambhu Das president of Dr. B.R. Ambedkar Samiti which is pending since 02.06.2020. " 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 District Magistrate, Jamui, 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);

3/4 (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 PandemicCovid-19 shall be conducted through digital mode, unless the

4/4 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) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA