Binod Sah v. The Managing Director, North Bihar Power Holding Distribution Company Pvt. Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18684 of 2021 ====================================================== Binod Sah, Male, aged about 61 years, Son of Late Rajeshwar Sah, Resident of Village - Dardha Mohammadpur P.S. Sakara, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The Managing Director, North Bihar Power Holding Distribution Company Pvt. Ltd. Vidyut Bhawan I Bailey Road, Patna. 2.

The Chief Engineer (Project-1), Power Holding Distribution Company Pvt. Ltd., Vidyut Bhawan I Bailey Road, Patna.

3.

The District Magistrate, Muzaffarpur.

4.

The Senior Superintendent of Police, Muzaffarpur. 5.

The Deputy Collector, Lands Reforms, Muzaffarpur. 6.

The Pan India Infra Project Private Limited, 1st Floor, Vikas Tower, Infront of Durga Mandir, (facing Pusa Road), Mali Ghat, B.M.P. 06, District - Muzaffarpur.

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

For the Petitioner/s :

Mr. Mani Bhushan Kumar, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh, Sr. Advocate Mr. Akhileshwar Singh, Advocate Mr. Vijay Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 22-03-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner has addressed us at considerable length. Admittedly, he has remedy before the District Judge, in view of the judgment of the Hon'ble Apex Court rendered in the case of Power Grid Corporation of India Limited vs. Century Textiles & Industries Limited & Ors. reported in 2017(2) PLJR (SC) 152, as certain disputed

Patna High Court CWJC No.18684 of 2021(2) dt.22-03-2022 2/2 question of facts are involved. We thus propose that the parties be relegated to the remedy before the District Judge. However, we feel that the District Judge should decide the matter in a fixed time frame.

Learned counsel for the parties have agreed to this. In case, the petitioner files appropriate application/petition before the concerned District Judge within two weeks from today, the District Judge shall decide the same at the earliest, in any case, not later than four months. The petitioner undertakes to withdraw the contempt petition preferred by him at this stage with liberty to file afresh, if circumstances so warrant.

The writ petition stands disposed off.

(Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar/Anand Kr.

U