Disposed

R.m.p. Madhur v. The State Of Bihar and Ors.

Patna HC4 Jul 2016CWJC/168/2016

Case brief

AI extract

What is this about?

In this PIL under Article 226, the bench held that writ jurisdiction should not determine factual disputes meant for fact-finding authorities. The petition was disposed of while directing the aggrieved parties to file a representation before the District Collector, who must issue a speaking order within two months.

What did the court decide?

Liberty to approach the District Collector with a representation, and to file appropriate future applications if aggrieved by the Collector's order.

R.m.p. Madhur Vs The State Of Bihar and Ors. — Public Procurement and Tenders | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.168 of 2016 =========================================================== 1. R.M.P. Madhur, Senior Journalist late Awadhesh Nandan Pd., Resident of Mohalla- Rajendra Nagar, Post Office- Koshi college, Police station-khagaria, District- Khagaria. .... .... Petitioner/s Versus 1. The State of Bihar

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The Principal Secretary, Department of Relief & Rehabilitation ,Govt. of Bihar, Patna.

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The Magistrate, Khagaria.

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The Superintendent of Police, Khagaria.

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The Sub-Divisional Officer, Sadar, Khagaria.

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The D.C.L.R. Khagaria.

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The Circle Officer, Khagaria,District Khagaria.

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The Officer Incharge Mufassil Police Station , District Khagaria.

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.... .... Respondent/s

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=========================================================== Appearance : For the Petitioner/s : Mr. Anamul Haque, Adv. For the Respondent/s : Mr. SC-19-AJAY BIHARI SINHA

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=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH JUDGMENT AND ORDER ORAL (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 04-07-2016

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Heard Mr. Anamul Haque, learned Counsel, appearing on behalf of the petitioner, and Mr. Ajay Bihari Sinha, learned Standing Counsel No.19, appearing on behalf of the State.

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This writ petition, made in the form of a Public Interest

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Patna High Court CWJC No.168 of 2016 dt.04-07-2016

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2/3

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Litigation, made under Section 226 of the Constitution of India, involves determination of disputed questions of facts by a fact finding authority, such as, District Collector.

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In view of the above and for the foregoing reasons, this writ petition is disposed of giving liberty to the petitioner to approach this Court with appropriate application, in future, if so advised, and also to take recourse to such provisions of law as may be permissible.

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The aggrieved persons may, if so advised, approach the District Collector, Khagaria, with regard to their grievances and, if such a representation is made, the District Collector, Khagaria, shall consider and dispose of the same by making a speaking order, preferably, within a period of two months from the date of filing of the representation along with a certified copy of this order.

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If anyone feels aggrieved by the order, which may be passed by the District Collector, he/she shall remain at liberty to approach this Court with appropriate application, in future, if so advised, and also to take recourse to such provisions of law, as may be permissible.

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Patna High Court CWJC No.168 of 2016 dt.04-07-2016

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3/3

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With the above observations and directions, this writ

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petition stands disposed of.

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(I.A. Ansari, ACJ)

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(Chakradhari Sharan Singh, J)

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K.C.jha/-

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AFR/NAFR NAFR CAV DATE Uploading Date 11.07.2016 Transmission Date

R.m.p. Madhur v. The State Of Bihar and Ors.

Case brief

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R.m.p. Madhur v. The State Of Bihar and Ors.

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