Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1579 of 2021 ====================================================== Sanjay Kumar S/o Kedar Nath Keshri, Sharma R/o Near R.P.F. Barrack, Sugar Mill Buxar, P.O.- Buxar Gajadhar Ganj, District Buxar. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Building Construction Department, Govt. of Bihar, Patna.
2.
The Chief Engineer (South), Building Construction Department, Govt. of Bihar, Patna.
3.
The Executive Engineer, Building Construction Department, Govt. of Bihar, Buxar.
4.
The Junior Engineer, Building Construction Department, Govt. of Bihar, Buxar.
5.
The District Magistrate, Buxar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashwini Kumar Rai, Advocate 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 : 16-11-2021 Heard learned counsel for the parties.
The petitioner has prayed for the following reliefs:- "That, the present Writ application is being filed for issuance of direction to the Respondents to pay the admitted due work bills of Rs. 1571378/- (Rs. Fifteen Lacs Seventy-one thousand Three hundred and Seventy eight) to the petitioner for the renovation work of Vetonary School building, hostel and approach road at Dumraon against the tender issued vide memo no. 216 dated 02.02.2019 under the signature of Respondent No.3."
Patna High Court CWJC No.1579 of 2021 dt.16-11-2021 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 Chief Engineer 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 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
Patna High Court CWJC No.1579 of 2021 dt.16-11-2021 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