← Library
Patna High CourtCWJC/11551/2022disposed

Abhinash Kumar v. The State Of Bihar

2022-08-18The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11551 of 2022 ====================================================== Abhinash Kumar, son of Rameshwar Singh, resident of village - Sehuka, Police Station - Ramgarh, District - Kaimur, Bhabua - 821110 ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Rural Works Department, Government of Bihar, Vishweshwaraiya Bhawan, Jawaharlal Nehru Marg, Patna, Bihar - 800001.

2.

The Secretary, Rural Works Department, Government of Bihar, Vishweshwaraiya Bhawan, Jawaharlal Nehru Marg, Patna, Bihar - 800001. 3.

The Engineer-in-Chief, Rural Works Department, Government of Bihar, Vishweshwaraiya Bhawan, Jawaharlal Nehru Marg, Patna, Bihar - 800001. 4.

The Executive Engineer, Rural Works Department, Work Division, Mohania, District - Kaimur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Respondent/s :

Smt. Archana Meenakshee, GP-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-08-2022 The petitioner has prayed for the following relief/s :-

Patna High Court CWJC No.11551 of 2022 dt.18-08-2022 2/3 Learned counsel for the respondent invites our attention to Clause 29 of the NIT as also the decision rendered by various courts.

As such, in view of the same, we dispose of the present petition reserving liberty to the petitioner to represent respondent No. 4, namely, the Executive Engineer, Rural Works Department, Work Division, Mohania, District-Kaimur, venting out the grievances, subject-matter of the present petition.

Patna High Court CWJC No.11551 of 2022 dt.18-08-2022 3/3 Without expressing any opinion on merits, leaving all questions of fact and law open, the present petition is disposed of with the liberty aforesaid.

We expect that the appropriate authority shall consider and decide the petitioner's application/request expeditiously and preferably within a period of two months from the date of its presentation.

While considering such request, the period for which the petitioner has been pursuing the present petition shall not be counted for the purposes of limitation.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

Liberty reserved to the petitioner to challenge the order, if required and desired.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 22.08.2022 Transmission Date