Md. Zahiruddin vs State Of Bihar

Heard learned counsel for the parties.

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

“i. For issuance of direction to the District Magistrate, East Champaran, Motihari to ensure construction of Panchayat Sarkar Bhawan of Nirpur

Panchayat in the village Nirpur, itself as the Panchayat Sarkar Bhawan is being constructed at village Kasmara and that too upon the land of

Upgraded Middle School, Kasmara in violation of Guideline as contained in Letter No. 1436 dated 26.02.2019 issued by the Principal Secretary,

Panchayat Raj Department, Government Bihar, Patna.

Petitioners also prays for direction to the District Magistrate, Purnea to ensure construction of said Panchayat Sarkar Bhawan also as per the site plan

approved by the Panchayati Raj Department Government of Bihar, Patna which prescribes that the land for construction of Panchayat Sarkar

Bhawan shall be in rectangle shaped 51.82 meterX39.63 metre in size, whereas the present land for the construction of said Panchayat Sarkar

Bhawan, Dumra is being contrary to the site plan.

ii. For issuance of direction to the respondent authorities to immediately stop wastage and mis-utilization of public money of Rs. 1.24,79,700/- which is

being used for construction of Panchayat Sarkar Bhawan at Nirpur Block, District Purnea, which is being constructed illegally in gross violation of

direction of the Principal Secretary, Panchayat Raj Department, Government Bihar, Patna as contained in letter no. 1436 dated 26.02.2019.

iii. For any other relief/reliefs for which the petitioner may be deemed entitled too.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 i.e. (Respondent No. 6, the District Magistrate, Purnea) or any of the statutory authority 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 four 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 four 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) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties;

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

(f) 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;

(g) Liberty reserved to the petitioner to approach the appropriate forum, if the need so arises subsequently on the same and subsequent cause of

action;

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

(i) 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.