Jitendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11683 of 2022 ====================================================== Jitendra Mandal, Son of Bishundev Mandal, resident of Village-Jaynagar, Lali Pahari, Ward No. 33, P.S.-Lakhisarai, District-Lakhisarai, PIN-811311. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Transport Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Transport Department, Government of Bihar, Patna.

3.

The Additional Chief Secretary, Home Department, Government of Bihar, Patna.

4.

The Divisional Commissioner, Munger.

5.

The Election Officer-cum-District Magistrate, Lakhisarai. 6.

The District Transport Officer, Lakhisarai.

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

For the Petitioner/s :

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

Mr. Sarvesh Kumar, GP-24 Manoj Kumar, AC to GP-24 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 24-08-2022 Petitioner has prayed for the following relief/s :- "(i) For issuance of an appropriate writ/writ, direction/directions upon the respondents authorities to make payment of rent, fuel and driver's honorarium to the petitioner for engagement of his Vehicle "Carrier Track 10 Wheeler Wait Capacity 25,000 kg," Fuel TypeDiesel bearing registration NO. JH02K-2405

Patna High Court CWJC No.11683 of 2022 dt.24-08-2022 2/3 ( hereinafter called "the Vehicle") for the period of 05/04/2019 to 21/05/2019 in Lok-Sabha Election 2019.

(ii) For issuance of a direction upon the respondent authorities to make payment of admissible dues an Amount of Rs.1,17,400/- for engagement of Petitioner's vehicle and penal interest at the rate of 12% till the date of payment.

(iii) For any other relief/reliefs, which the Hon'ble Court may grant to the petitioner in the interest of justice.

After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies as are otherwise permissible and admissible in accordance with law as also represent to the appropriate authority, venting out the grievances, subject-matter of the present petition.

Prayer allowed. Liberty, as prayed for, is granted. Without expressing any opinion on merits, leaving all questions of fact and law open, the present petition is disposed of as withdrawn with the liberty aforesaid.

We expect that the appropriate authority shall consider

Patna High Court CWJC No.11683 of 2022 dt.24-08-2022 3/3 and decide the petitioner's application/request expeditiously and preferably within a period of three months from the date of its presentation.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

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

(Sanjay Karol, CJ) ( Satyavrat Verma, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 25.08.2022 Transmission Date