Kamlesh Prasad Singh vs State Of Bihar

Petitioner has prayed for following relief:-

“This writ application by way of public interest litigation is being filed on behalf of the petitioner for issuance of an appropriate writ or writs, order

or orders and direction or directions to the respondents for setting aside the selected plan of Panchayat Sarkar Bhawan Panchayat Government

Building Village- Makrandpur, Panchayat Laxman Nagar, Police Station and Block-Gayaghat, District- Muzaffarpur passed by Block Development

Officer, District- Muzaffarpur (respondent no.5) and after setting aside the aforesaid plan issued the direction to respondents to prepare fresh plan or

make the Panchayat Sarkar building as per Rule Panchayat Sarkar building should be constructed in panchayat Mukhyalaya village and as per record

Panchayat Mukhiya Laxman Nagar and some piece of lands are available in the Panchayat Mukhiyalaya Laxman Nagar but present Mukhiya have

prepared the plan for construction of Panchayat Sarkar Bhawan far away from Panchayat Mukhyalaya. A public petition was also given to authority

concerned but they are not taken any step for construction of Panchayat Sarkar building in the eye of law. And after hearing this PIL may kindly

punish to the responsible persons who have prepared the plan for construction of Panchayat Sarkar building without apply his judicial mind.â€​

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 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 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 the authority concerned within a period of four weeks from today by filing a representation for redressal of the

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 rises subsequently on the same and subsequent cause of action;

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

(h) 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;

The petition stands disposed of in the aforesaid terms.

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