When there is no demand or refusal. Any writ, order, or direction cannot be issued under Article 226 of the Constitution: Patna High Court.
This case was a writ Petition filled by Vijay Kumar Ray, Son of Ram Prasad Ray, Resident of Navadi, Sikaria Ultanganj, P.S.- Bikramganj, District – Rohtas against The State Of Bihar. The Judgment in Vijay Kumar Ray v. State of Bihar (Citation: CWJC No.4386 of 2022) was served by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR.
FACTS OF THE CASE:
This case was a Writ Petition filed before the court under Article 226 of the Constitution of India. The Petitioner sought the Court to direct the Respondent authorities not to construct the Panchayat Sarkar Bhawan at Deo Markandey Panchayat, which is going to be construct in very illegal and irregular manner without following the Rule/check list issued by the Government. Further the Petitioner also asked the Court to prevent the respondents from construction of the Panchayat Sarkar Bhawan at Village Deo Markandey, which is situated for away from the Panchayat having no way to reach there. Further the Petitioner wants the Court to stop the Respondent from misusing public money in the garb of construction of Panchayat Sarkar Bhawan and to ask them to take proper step while deciding the objection/representation on the facts raised by the petitioner in the facts and circumstances of the case.
JUDGEMENT:
After going through the arguments the learned Bench disposed off the petition and observed that the Petitioner may approach the concerned authority within a period of four weeks from the date of the judgement for the redressal of the grievance. The Court further asked the authority to dispose of the case expeditiously within four months and an opportunity to place on record all relevant materials shall be granted to the parties. At the end the court made it clear that the petitioner is on liberty to take recourse to such alternative remedies as are otherwise available in accordance with law.
JUDGEMENT REVIEWED BY: AKANKSHA