Md. Moinuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7213 of 2014 ====================================================== Md. Moinuddin, son of Late Flatun Ali resident of village - Sukuluan Khurd, P.S. Gopalganj, District - Gopalganj, presently posted as Panchayat SAchiv at Bijayeepur Block, District - Gopalganj .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Gopalganj

3. The District Panchayat Raj Officer, Gopalganj

4. The Block Development Officer, Bijayeepur Block, Gopalganj

5. The Head Assistant ( Sri Nagendra Singh) Bijayeepur Block, Gopalganj

6. The Bill Clerk ( Mustaffa Khan ) Bijayeepur Block, Gopalganj .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Veerendra Narayan For the Respondent/s : Mr. Lokesh Kumar Singh, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-01-2015 Heard the parties.

In view of nature of the grievances raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that interest of justice shall be sub-served, if the petitioner is granted liberty to file a comprehensive representation before the respondent District Magistrate, Gopalganj, raising all the points, which have been raised in the present proceeding. It is ordered accordingly.

If such a fresh comprehensive representation is filed by the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District Magistrate, Gopalganj or any other competent authority of the respondent State shall be obliged to consider and decide the claims raised on behalf of the petitioner strictly in accordance with law by a reasoned and speaking order at an early date preferably within a

Patna High Court CWJC No.7213 of 2014 (2) dt.12-01-2015 maximum period of three months from the date of filing of such comprehensive representation by the petitioner.

If on consideration of the materials, the respondent District Magistrate, Gopalganj or any other competent authority of the respondent State comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then the consequential benefits shall be granted to him without any unnecessary further delay. It is further clarified that, this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and it is left to be decided by the competent authority strictly in accordance with law.

The writ petitiopn stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U