The Project Director, National ... vs The State Of Bihar And Ors on 19 July, 2022

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Patna High Court - Orders

The Project Director, National ... vs The State Of Bihar And Ors on 19 July, 2022

Bench: Mohit Kumar Shah

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3773 of 2019
                 ======================================================
                 The Project Director, National Highways Authority of India Patna Project
                 Implementation Unit, D-63, Rajesh Kumar Path, Sri Krishna Puri, P.S. SK.
                 Puri, District Patna namely Col. Ajay Thakur, aged 48 years, Male,S/o Mr M
                 R Thakur resident of Danapur Cantonment, P.S. Danapur, District- Patna.

                                                                              ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Principal Secretary, General Administration
                 Department, Government of Bihar, Patna.
           2.    The Principal Secretary, General Administration Department, Government
                 of Bihar, Patna.
           3.    The Divisional Commissioner, Patna Division.
           4.    The District Public Grievance Redressal Officer, Nalanda.
           5.    Satish Paswan, S/o Rambriksha Paswan, resident of Sarmera, P.S. Sarmera,
                 District- Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sanat Kumar Mishra
                 For the Respondent/s   :      Mr.Sheo Shankar Prasad (Sc8)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   19-07-2022

In pursuance to the order of this Court dated 28.6.2022, counter affidavits have been filed on behalf of the Respondents No. 3 and 4 and reference has been made to Annexure-C to the counter affidavit, filed on behalf of the Respondent No. 3 i.e. the order dated 19.3.2019, passed by the First Appellate Authority, office of the Commissioner, Patna Division, Patna, whereby and Patna High Court CWJC No.3773 of 2019(4) dt.19-07-2022 2/3 whereunder the appeal filed by the complainant / appellant bearing registration no. 427110127071802118/1A has been consigned.

The learned counsel for the State submits that since the issue under consideration, pertains to a complaint made by the complainant with regard to non-removal of a bridge (pulia) from the place where it has been constructed to a different place, the same admittedly would not fall within the purview of the Bihar Right to Public Grievances Redressal Act, 2015. Thus, it is submitted that the respondent-State does not propose to proceed ahead with the aforesaid appeal.

In such view of the matter, this Court finds that nothing survives for consideration.

Having regard to the fair stand taken by the Respondent-State to the effect that the complaint of the complainant, filed before the Public Grievances Redressal Forum was misconceived apart from the fact that the respondents do not propose to proceed with the appeal in question, the present writ petition stands Patna High Court CWJC No.3773 of 2019(4) dt.19-07-2022 3/3 disposed of as having become infructuous.

(Mohit Kumar Shah, J) Ajay/-

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Patna High Court - Orders