High CourtsDivision Bench

Sushil Kumar vs State Of Bihar And Ors

Patna High Court · Decided on 11 December 2020 · Citation: (2020) 12 PAT CK 0340

HON’BLE JUDGES
Sanjay Karol, CJ · Partha Sarthy, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 2798 Of 2020
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Judgment

22 paragraphs · 378 words

Petitioner has prayed for the following relief(s):

“For issuance of a writ, in the nature of Mandamus and/or any other appropriate writ, order or direction, commanding upon the respondents to

construct Ring Bandh surrounding Kalipur Tola of village Islampur under Gram Panchayat Brahampura Bathnaha, Block-Ghoghardiha, District

Madhubani, so as to the residents the aforesaid Kalipur Tola may be saved from the devastating flood of the river Bhutahi Balan.â€​

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the

concerned respondents to consider and decide the representation which the petitioner shall be filing 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 two months from the date of its filing along with a copy of this order. Statement accepted and taken

on record.

Petition is disposed of with the direction to the respondent no. 2, namely The Additional Secretary, Water Resources, Government of Bihar, Patna to

consider and dispose it of expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order.

It is clarified that 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.

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

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.

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

parties.

Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits.

The petition stands disposed of in the aforesaid terms.

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