M/S Roy Engineers vs State Of Bihar

Heard learned counsel for the parties.

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

a) For issuance of a writ or order or direction upon the respondents especially the respondent number 2 and 6 to consider, decide and take a decision on the representations made by the petitioner through letter number RE/PAT/20/76 dated 01.09.2020, letter number RE/PAT/20/77 dated 21.09.2020 and letter number RE/PAT/2211S dated 28.03.2022:

b) For holding and a declaration that it is unreasonable. arbitrary and unfair on part of the respondents in sitting tight over the representations with legitimate grievance submitted by the petitioner through letter number REWAT/20/76 dated 01.09.2020. letter number RE/PAT20/77 dated 21.09.2020 and letter number RE/P022118 dated 28.03.2022 without any rhyme and reason and also in violation of Clause 4 B of the Bihar State Litigation Policy 2011:

c) For further issuance of a writ or order or direction upon the respondents especially the respondents 2 and 6 to redress the grievance of the petitioner as espoused in the representations contained in the letter number RE/PAT/20/76 dated 01.09.2020. letter number RE/PAT/2047 dated 21.09.2020 and letter number RELPAP22/18 dated 28.03.2022 in case found admissible:

d) For grant of any other relief or reliefs to which the petitioner is found entitled to in 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 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.