Suman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.937 of 2021 ====================================================== Suman Kumar Singh S/o Late Diwakar Prasad Singh Resident of VillageBoda, Post Office- Chaknatthu, Police Station- Amdanda, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Old Secretariat, Patna- 800015.

2.

The Principal Secretary, Panchayati Raj Department, Bihar, Patna. 3.

The Chief General Manager, Bihar Vikas Mission, Bihar Rajya Bhawan Nirman Nigam Campus, Hospital Road, Rajbanshi Nagar, Patna- 800023. 4.

The Mission Director, Mukhyamantri Gramin Peyjal Nishchay Yojana, Bihar Vikas Mission, Bihar Rajya Bhawan Nirman Nigam Campus, Hospital Road, Rajbanshi Nagar, Patna- 800023.

5.

The District Magistrate, Bhagalpur.

6.

The District Panchayati Raj Officer, Bhagalpur. 7.

The District Planning Officer, Bhagalpur.

8.

The Executive Engineer, Public Health Engineering Department, Bhagalpur Division, Bhagalpur.

9.

The Assistant Engineer, Public Health Engineering Department, Sanhaula District- Bhagalpur.

10.

The Block Development Officer, Sanhaula, District- Bhagalpur. 11.

The Circle Officer, Sanhaula, District- Bhagalpur. 12.

Sulekha Devi, Ward Member, Ward No.-12, Gram Panchayat Boda Pathakdeeh, Block- Sanhaula, Police Station- Amdanda, District- Bhagalpur. 13.

Mr. Kailash Prasad Singh Member of the Panchayat Samiti (Area Number 14), Block- Sanhaula, Police Station- Amdanda, District- 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. Navendu Kumar, Adv.

For the Respondent/s :

Mr. Ajay(GA-5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 22-06-2021 Heard the parties.

2/4 Petitioner has prayed for following relief(s):- "(i) For a direction to the concerned authorities to do the needful for extending the benefit of Mukhyamantri Gramin Peyjal Nischay Yojana to the residents of Ward number 12 of the Gram Panchayat Boda Pathakdeeh and to prohibit the concerned officials to do boring in a private land under the Mukhyamantri Gramin Peyjal Nischay Yojana without getting a no objection certificate from the concerned authority.

(ii) For any such other order/ orders for which the petitioner is entitled."

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 Block Development Officer, Sanhaula, Distt. 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 Block

3/4 Development Officer, Sanhaula, Distt. Bhagalpur 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 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,

4/4 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, 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) sushma/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.6.2021 Transmission Date NA