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Patna High CourtCWJC/20105/2021disposed

Mahaboudh Jan Swasthaya Evem Servangin Vikas Kendra v. The State Of Bihar

2024-05-08Mr. Justice A. Abhishek Reddy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20105 of 2021 ====================================================== Mahaboudh Jan Swasthaya Evem Servangin Vikas Kendra 103, Ramalaya Vijay Nagar Rukunpura, Patna through its Secretary Dilip Kumar, aged about 45 years Male, son of Shri Mohan Sharma, Resident of Village-Khokhari, P.S.-Arwal, District-Arwal ... Petitioner

Versus

1.

The State of Bihar through the Divisional Commissioner, Patna Division, Patna.

2.

Sri Krishna Smarak Vikas Samiti (SKSVS) office of the Commissioner, Patna Division, Patna.

3.

The Secretary to the Divisional Commissioner, Patna Division, Near Golghar, Patna. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Quamar Raza, Adv.

For the Respondents :

Mr.Manish Kumar (Gp4) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 6 08-05-2024 Heard the parties.

2. Without going into the merits or demerits of the case, the present Writ Petition is disposed of directing the petitioner to make a suitable representation to Respondent No. 3 within a period of four weeks from the date of receipt of a copy of this order.

3. On such representation being made, the authority concerned shall dispose of the same in the following terms : (a) Petitioner shall approach the authority concerned i.e. Respondent No. 3 within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned 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;

Patna High Court CWJC No.20105 of 2021(6) dt.08-05-2024 2/2 (c) The order assigning reasons shall be communicated to the petitioner;

(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties; (f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(g) This Court is 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; (h) Liberty reserved to the petitioner to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action; (i) This Court has not expressed any opinion on merits. All issues are left open;

4. With the observation made above, this Writ Petition stands disposed of.

(A. Abhishek Reddy , J) Shamshad/- U