High CourtsDivision Bench(2020) 12 PAT CK 0270

Lal Mohan Roy vs Union Of India And Ors

Patna High Court · Decided on 1 December 2020

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 11212 Of 2018

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Judgment

22 paragraphs · 337 words

Petitioner has prayed for the following relief(s):-

“(i) To issue appropriate writ order/direction to set aside the order contained in Memo No.10/11-97 dated 15.01.2018 (Annexure-4), whereby Child

Welfare Committee, Bhojpur, Aara (hereinafter, referred as “CWCâ€) has been illegally granted extension till further direction, in violation of the

Bihar Juvenile Justice (Care & Protection of Children) Rules, 2017 (hereinafter, referred as “the Rulesâ€​).

(ii) To issue writ order/direction in nature of mandamus directing the Respondents particularly, 3 to 6 to immediately take steps expeditiously in order

to constitute a fresh CWC.

(ii) To issue writ order/direction in nature of mandamus directing the Respondents particularly, 6, 7 & 8 to henceforth to implement the letter no.71

dated 28.03.2017 (Annexure-8), to the extent whereby directioni has been issued to the Chairperson of the CWC to immediately shift/transfer the

office of the said Child Welfare Committee to the government building wherein District Child Protection Unite is being operated.â€​

Learned counsel for the respondents states that the present petition has become infructuous, inasmuch as the Child Welfare Committee already stands

constituted.

Statement accepted and taken on record.

Petition stands disposed of in terms thereof reserving liberty to the writ-petitioner to agitate the surviving grievance, if any, with the appropriate

authority.

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 the representation, if any, 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.

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