Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24310 of 2019 ====================================================== Amit Kumar Son of Kapildev Prasad Residence of Village- Padmanagar Ujjain Tola, Ward No. 35, P.S. Bettiah Muffasil, Distt. West Champaran at Bettiah,. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, West Champaran at Bettiah. 3.

The Deputy Development Commissioner West Champaran at Bettiah (Bettiah Collectorate Parisar).

4.

Chairman Zila Parishad, West Champaran at Bettiah, R/o Ujjain Tola, Road,(Near Dakghar), P.O. and P.S.-Nagar Bettiah, District-West Champaran at Bettiah. 5.

Circle Officer, Bettiah.

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

For the Petitioner/s :

Mr.Vikram Jeet, Advocate Mr. Binay Kumar, Advocate For the Respondent/s :

Mr. Subash Chandra Yadav, GP-15 Mr. Dhurjati K. Prasad, GP-14 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-01-2023 Petitioner has prayed for the following relief(s):- "That this is an application for issuance of an appropriate Civil Writ or Writs, Order or orders, direction or directions and to allot the shop no-2 to the petitioner in Bettiah Nagar Nigam because in 1996 he had applied for shop in 1996 and also paid sum of 2000 rupees for this."

After the matter was heard for some time, learned counsel for the petitioner, finding the court not to be in favour of the submissions made across the bar, seeks permission

2/4 to withdraw the present petition reserving liberty to approach the respondent no. 4, namely Chairman Zila Parishad, West Champaran at Bettiah, R/o Ujjain Tola, Road, (Near Dakghar), P.O. and P.S.-Nagar Bettiah, District-West Champaran at Bettiah. for redressal of the grievance(s).

Learned counsel for the respondents states that if petitioner approaches the said respondent within a period of four weeks and files representation, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of on the following terms:- (a) Petitioner shall approach the authority concerned i.e. Respondent No. 4 namely, Chairman Zila Parishad, West Champaran at Bettiah, R/o Ujjain Tola, Road, (Near Dakghar), P.O. and P.S.-Nagar Bettiah, District-West Champaran at Bettiah., within a period of four weeks from today by filing a representation for redressal of the grievance(s);

3/4 (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months 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 same shall be dealt with, in accordance with law and with reasonable dispatch;

4/4 (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, stands disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) shiv/Sujit AFR/NAFR CAV DATE Uploading Date Transmission Date