When a matter of grave public importance is up for consideration by the court, no procedural law technicality can be used as a defense: Patna High Court.
Rakesh Kumar Sinha, the son of Shri Kapil Sinha and a resident of Village Mohan Chak in P.O. and P.S. Islampur, District Nalanda, filed this lawsuit against the State of Bihar. He is currently president of Shivam Complex, which is located in Flat 305 near NMC Kankarbagh, P.S. Kankarbagh, District Patna. Rakesh Kumar Sinha v. State of Bihar’s Decision (Citation:HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. served CWJC No. 540 of 2022).S. KUMAR, JUSTICE
Facts of the case
In accordance with Article 226 of the Indian Constitution of 1950, this case was resolved.The petitioner requested that the court issue a Writ to improve the dirt drain system in the Nagar Panchayat of Islampur, Mohan Chak, Nalanda’s drainage system through this petition.Due to waterlogging in their agricultural fields, the issue is costing the area’s farmers money.In addition, the petitioner asks the court to direct the railway authorities to construct a small bridge on the Islampur-Fatuha railway line in order to improve the drainage system and to compensate the affected individuals with INR 1.000,000.
Judgement
After reviewing the case and the arguments presented by both sides, the Honorable Court ruled in favor of the Petitioner, with the following conditions: The Petitioner must submit a representation to the relevant authority within four weeks to seek redress;
- A reasoned and speaking order, preferably within four months of its filing along with a copy of this order, must be issued by the authority in question to consider and resolve the matter quickly.
- Naturally, natural justice principles must be adhered to and the parties must be afforded a fair hearing when considering such representation;
- In addition, the petitioner retains the right to use any legal alternative remedies that may be available in the event of a dispute;
- We hope that the petitioner’s legal recourses will be handled in accordance with the law and with reasonable promptness whenever he or she goes to the appropriate forum;
- The petitioner’s right to approach the court whenever the need arises on the same and subsequent cause of action;
- We have not provided an opinion regarding the merits.All issues remain unresolved.
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JUDGEMENT REVIEWED BY ROLI NAYAN.