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Judgment
33 paragraphs · 531 wordsHeard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
“1. That this is an application for issuance of appropriate writ(s)/direction(s) to the respondents to make all the payment i.e Rs. 8,64,442/- (Eight
lacs Sixty Four thousand four hundred forty two only) to the petitioner with bank interest rate which is due for completion of the work namely village
irrigation Canal Construction Work in village Chaukhara Under V.I.C. Scheme in Aurangabad Town Block in District- Aurangabad which was
allotted to him vide agreement no. 12F2/2018-2019 dated 29.08.2018 by the respondent no.8.
And/or any other appropriate relief or reliefs to the petitioner for which he may be found entitled to in the eye of law.â€
After the matter was heard for some time, finding the Bench not to be agreeable with the submissions made by learned counsel for the petitioner,
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. 4, The Chief Engineer, Water Resources Department, Government of Bihar, Patna) 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) The order assigning reasons shall be communicated to the petitioner;
(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the
parties;
(e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties;
(f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;
(g) 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;
(h) Liberty reserved to the petitioner to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent
cause of action;
(i) We have not expressed any opinion on merits. All issues are left open;
(j) 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.
