Shekh Md. Shahabuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2068 of 2019 ====================================================== Shekh Md. Shahabuddin Son of Late Shekh Md Fahimuddin Resident of Ward no 03 Sikta P.S. Lauria District West Champaran, Bihar ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary Food and Civil Supply Government of Bihar New Secretariat Patna 2.

The District Magistrate West Champaran 3.

The Sub Divisional Officer, Narkatiyaganj West Champaran Bettiah ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra For the Respondent/s :

Mr.S.Raza Ahmad AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-04-2019 After hearing learned counsel for the petitioner, as the Court is not willing to exercise its extraordinary writ jurisdiction because of availability of alternative statutory remedy of appeal to the petitioner, learned counsel for the petitioner submits that this writ application may be disposed of giving liberty to the petitioner to file an appropriate appeal in accordance with Bihar Targeted Public Distribution System (Control) Order, 2016 before the District Magistrate-cumCollector, West Champaran. Learned counsel for the State is present and has no objection to it.

In the given facts and circumstance of the case, the writ application is disposed of with liberty to the petitioner to

Patna High Court CWJC No.2068 of 2019(2) dt.22-04-2019 2/2 prefer the statutory appeal within a period of 30 days from today before the District Magistrate-cum-Collector, West Champaran. If such an appeal is preferred within the prescribed period, the same will be considered on its own merit and in case a question of limitation arises for consideration, the same will be considered keeping in mind that the petitioner was pursuing his remedy before this Court.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U