Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22325 of 2019 ====================================================== Sanni Kumar Son of Sanjay Kumar, Resident of Village and PostEkangarsarai, Police Station- Ekangarsarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Nalanda. 2.

The Chairman, District Board, Nalanda, Biharsharif. 3.

The Deputy Development Commissioner-cum-Chief Executive Officer, District Board, Nalanda.

4.

The Secretary, District Board, Nalanda at Biharsharif. 5.

The District Engineer, District Board, Nalanda. 6.

Shankar Kumar Son of Late Yadu Mahto Resident of Village and PostAsarhi, Police Station- Hilsa, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Respondent/s :

Mrs.Archana Meenakshee (GP 6) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-12-2022 Petitioner has prayed for following relief(s) : - I. For that the present writ application is being filed for issuance of the appropriate writ/writs, orders or direction in the nature of mandamus for commanding and directing the respondents settle shop no.45 which is under construction in favour of the petitioner.

II. For quashing the illegal settlement of shop no.45 in favour of Shankar Kumar (respondent no.6).

III. And for the issuance of any other relief/reliefs for which the petitioner is entitled for to the fact and circumstances of the present case.

Patna High Court CWJC No.22325 of 2019 dt.22-12-2022 2/3 After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to take recourse to such other remedies as are otherwise permissible and admissible in accordance with law as also represent to the appropriate authority i.e. respondent No. 5 namely The District Engineer, District Board, Nalanda venting out the grievances, subjectmatter of the present petition. Prayer allowed. Liberty, as prayed for, is granted. Without expressing any opinion on merits, leaving all questions of fact and law open, the present petition is disposed of as withdrawn with the liberty aforesaid.

We expect that the appropriate authority shall consider and decide the petitioner's application/request expeditiously and preferably within a period of three months from the date of its presentation.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Patna High Court CWJC No.22325 of 2019 dt.22-12-2022 3/3 Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) sujit/Ashwini/chn AFR/NAFR CAV DATE Uploading Date 25.12.2022 Transmission Date