Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2419 of 2020 ====================================================== Sanjay Singh, President Bish Sutri Yojna Ward No. 12, son of Shaileshwar Singh, Resident of Ward No. 12, Singhia 1, Singhia, District- Samastipur, Bihar-848209 ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Samastipur 2.

Block Development Officer Singhia, Samastipur 3.

Sub Divisional Magistrate Singhia, Samastipur 4.

Circle Officer Singhia, Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Archana Sinha @ Archana Shahi, Advocate For the Respondent/s :

Mr.Kumar Alok ( SC 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-12-2020 Petitioner has prayed for the following relief(s): "a) For directing the respondents to provide the details of work allotment and also details of expenses in completion of work to fill up the pond/water storage area of village which is situated at Thana no. 126, Kheshra number 6554, Area 62 Decimal in panchayat Singhia.

b) For directing the respondents to provide the details that by whose order/permission the amount was withdrawn from the Government account to fill up water storage area and for constructing Kaccha Road on the ANABAD

2/4 BIHAR SARKAR LAND which was used for storage of water.

c) For directing the respondents to hold an enquiry and subsequently punish the responsible personal who all were constructed the kaccha road on the ANABAD BIHAR SARKAR LAND.

d) For directing the respondents to demolish the Kaccha Road from the ANABAD BIHAR SARKAR LAND and construct the pond/water storage area for the villagers/panchayat as the same land was earlier used as water storage area.

e) For any other consequential relief/reliefs for which the petitioner may be found entitled."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation which the petitioner shall be filing for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

3/4 Petition is disposed of with the direction to the concerned respondent to consider and dispose it of expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order.

It is clarified that the proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

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. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits.

4/4 The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 16.12.2020 Transmission Date