Jugal Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1219 of 2021 ====================================================== Jugal Kishor Singh S/o-Balmiki Kumar Singh R/o-Mahesh Apartment Khanjarpur, Thana-Barari District-Bhagalpur.

... ... Petitioner/s

Versus

1.

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

Principal Secretary Department of Disaster Management Government of Bihar Patna.

3.

State Disater Management Authority Through the Chief Executive Magistrate, Bihar Patna.

4.

The District Magistrate Bhagalpur 5.

Regional Deputy Director of Education Bhagalpur 6.

The District Education Officer Bhagalpur 7.

The Senior Superintendent of Police Bhagalpur ... ... 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.Dhananjay Kumar Pandey, Adv For the Respondent/s :

Mr. Ajay Kumar Rastogi AAG-10 ====================================================== 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):- "(i) For issuance of writ of the mandamus commanding the respondent authority to produce patrank no. 1173 dated 25 March 2020 issued under the signature of Principal Secretary Department of Disaster Management Bihar Respondent 2.

(ii) For a issuance of the writ of mandamus commanding the respondent authority for the direction to comply their own letter no. 1173 dated 25 March 2020 by which it was stated that tuition fees of month of

2/4 March and April and such other charges will not be given by the parents. "

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, 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

3/4 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 parties otherwise mutually agree to meet in person i.e. physical

4/4 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