Awadh Bihari Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16714 of 2014 ====================================================== Awadh Bihari Prasad, Son of Late Kuwar Prasad, Resident of VillageSapahi, P.S.- Turkoliya, District- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar, through the District Magistrate, East Champaran, Motihari

2. The District Magistrate, East Champaran, Motihari

3. The Sub-Divisional Officer, Sadar, East Champaran, Motihari

4. The Block Development Officer, Turkoliya Block, East Champaran, Motihari

5. The Superintendent of Police, East Champaran, Motihari

6. The Deputy Superintendent of Police, East Champaran, Motihari

7. The Station House Officer, Turkoliya Police Station, East Champaran, Motihari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shambhu Nath, Adv. For the Respondent/s : Mr. Virendra Kumar, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-12-2016 Heard.

The only grievance of the petitioner in the present writ petition is that, for redressal of his valid grievances, he filed several representations, as contained in Annexure-4 series, before the respondent District Magistrate, East Champaran, Motihari, but those representations have not been disposed of till date. In view of the nature of the grievances raised on behalf of the petitioner in the present writ petition, this Court is of the opinion that, instead of keeping the matter pending and asking the respondents to file their counter affidavits, the interest of justice shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation with all supporting documents before the respondent District Magistrate, East Champaran, Motihari, raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly. If such a fresh comprehensive representation is filed

Patna High Court CWJC No.16714 of 2014 (2) dt.22-12-2016 by the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District Magistrate, East Champaran, Motihari either himself or any other competent authority of the respondent State, as per his direction, 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, after giving an opportunity of hearing to the petitioner and all other concerned persons/authorities, at an early date, preferably within a period of three months from the date of filing of such fresh comprehensive representation by the petitioner.

This is 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 this is left to be decided by the competent authority strictly in accordance with law.

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

Arvind/- (Birendra Prasad Verma, J) U