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Patna High CourtCWJC/16685/2022disposed

Dhanveer Singh v. The State Of Bihar

2023-01-02The Chief Justice -,Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16685 of 2022 ====================================================== Dhanveer Singh Son of Musafir Singh, Resident of Village- Bhim Nagar, P.S.- Birpur, District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Water Resources Department Bihar, Patna.

2.

The Engineer-in-Chief, Headquarter Water Resources Department Bihar, Patna.

3.

The Chief Engineer Flood Control and Water Discharge, Water Resources Department, Samastipur.

4.

The Additional Secretary, Rural Works Department, Bihar, Patna. 5.

The Executive Engineer, Water Discharge Division, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar, Advocate For the Respondent/s :

Mr. Anjani Kumar ( AAG 4 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-01-2023 Shri Anjani Kumar, learned AAG-4, inviting attention of Bihar Contractors Registration Rules, 2007, states that, should the petitioner take recourse to the remedies of preferring an appeal before the Statutory Authority within next one week, the appellate authority shall positively consider and decide the same, with the petitioner fully cooperating, within two weeks thereafter.

As mutually agreed, petition is disposed of in the

Patna High Court CWJC No.16685 of 2022(3) dt.02-01-2023 2/3 following terms:

(a) Petitioner shall approach the authority concerned within a period of one week 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 two weeks from the date of its filing along with a copy of this order; (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) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the

Patna High Court CWJC No.16685 of 2022(3) dt.02-01-2023 3/3 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) We have not expressed any opinion on merits. All issues are left open;

(j) The proceedings shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Saurabh/K.C.Jha U