Mohammad Ejaz Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12272 of 2022 ====================================================== Mohammad Ejaz Alam , Son of Md. Yunus, resident of Gandhi Path, Ward No. 8, P.O. and P.S. - Saharsa, District - Saharsa. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Old Secretariat Building, Patna, Bihar.
2.
The Principal Secretary, Department of Social Welfare, Government of Bihar, Patna.
3.
The Commissioner, Kosi Division, Saharsa.
4.
The Director ICDS, Bihar, Patna.
5.
The Driector, Child Development Integrated Program, Patna. 6.
The District Magistrate, Madhepura.
7.
The DDC, Madhepura.
8.
The District Program Officer, Madhepura.
9.
The Child Development Project Officer, Udakisunganj. 10.
The Child Development Project Officer, Kumarkhand. 11.
The Child Development Project Officer, Bailadh. 12.
The Child Development Project Officer, Sankarpur. 13.
The Child Development Project Officer, Sinheswar. 14.
The Child Development Project Officer, Gamahariya. 15.
The Child Development Project Officer, Murliganj. 16.
The Child Development Project Officer, Puraini. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Vardhan Narayan, Advocate Mr. Sarvendra Kumar Verma, Mr. Abhishek Anand, Advocate For the Respondent/s :
Smt. Kumari Amrita, GP 3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA 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 offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 26-08-2022
Patna High Court CWJC No.12272 of 2022 dt.26-08-2022 2/3 Petitioner has prayed for the following relief(s): We find the respondents to have fully complied with the order dated 15.11.2021 passed by this Court in CWJC No. 10264 of 2020, titled as Md. Ejaz Alam Vs. The State of Bihar
Patna High Court CWJC No.12272 of 2022 dt.26-08-2022 3/3 & Ors. (Page 55). In terms of the impugned order dated 20.04.2022, passed in the light of the decision in Md. Ejaz Alam (supra), the respondents have not admitted the amount due and payable to the petitioner. In fact, a serious dispute with regard to the quality of the goods supplied by the petitioner stands raised. In this view of the matter, we are of the considered view that disputed question of fact cannot be adjudicated in a petition filed under Article 226 of the Constitution of India and needs to be dealt with, be it on any ground, including discrimination, by a court having competent jurisdiction for which alone would be entitled to adjudicate the factual matrix. As such, present petition is disposed of reserving liberty to the petitioner to initiate appropriate proceedings in accordance with law.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Satyavrat Verma, J) Sujit/- AFR/NAFR CAV DATE Uploading Date 30.08.2022 Transmission Date