High CourtsDivision Bench(2022) 01 PAT CK 0007

Sijay Kumar Singh vs State Of Bihar

Patna High Court · Decided on 4 January 2022

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 6994 Of 2021

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Judgment

31 paragraphs · 504 words

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

(i) For issuance of an appropriate writ, order/orders and direction particularly in the nature of writ of Mandamus for issuance of a direction to the

concerned respondent authorities to pay the compensation for destroying the crops of the petitioner due to land acquiring for the purpose of

construction of Electric Pole from the date of destroying the crops with penal interest.

(ii) For issuance of a direction to the respondent authority for restraining the effected land owners from alienating or creating charge over the said

land.

(iii) For further direction to the respondent authority that the acquired land and fixed the market value at the rate of Rs.3 lacs per katha as per

violation and compensation has been granted to other farmers.

(iv) To grant any other relief or reliefs for which the petitioner is entitle from the facts and circumstances of the case.

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is

issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from

today for redressal of 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 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 in the following terms:-

(a) Petitioner shall approach respondent No.3, namely, the Executive Engineer, Supply Division, Punpun, Patna, within a period of four weeks

from today by filing a representation for redressal of grievance(s);

(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) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded

to the parties;

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

(e) 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;

(f) Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits. All issues are left open;

(h) 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 the its presentation.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.