Pratigya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16884 of 2021 ====================================================== Pratigya through its Chairman namely Brij Nandan Pathak, aged about 45 years, male, son of Vidya Nandan Pathak, Resident of Laxman Sahay Lane, Gurudwara Road, P.S.-Kotwali Gaya, District-Gaya (Bihar). ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna.

3.

The Gaya Municipal Corporation through its Municipal Commissioner, Gaya Municipal Corporation, Gaya.

4.

The Municipal Commissioner, Gaya Municipal Corporation, Gaya. 5.

The Sparro Softech Private Limited Gaya through its Project Manager, Address near Surendra Prasad Yadav College at A.P. Colony, Gaya, DistrictGaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Advocate Ms. Ritika Rani, Advocate For the Respondent/s :

Mr. Yogendra Prasad Sinha, AAG-7 Mr. Rabindra Kumar Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 01-10-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "

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4/5 Shri Dinu Kumar, learned counsel for the petitioner states that the petitioner has already represented to the authorities vide communication dated 26th of January, 2021 (Annexure-7). He further states that the petitioner would again invite attention of the authorities of the alleged illegality in issuing the impugned notification dated 15th of April, 2019. As such, the present petition stands disposed of in the following terms:- (a) Petitioner shall approach the Respondent No. 2, namely the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna within a period of four weeks from today by filing a representation for redressal of the grievance(s);

(b) Respondent No. 2, namely Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four 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;

5/5 (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;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 05.10.2021 Transmission Date