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Patna High CourtCWJC/20220/2018disposed

Bhola Chaudhari v. The State Of Bihar And ORS

2019-07-27Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20220 of 2018 ====================================================== Bhola Chaudhari son of Mohan Chaudhari, resident of Village- Kujapi, Village Panchayat- Kujapi, Police Station- Chandauti, District- Gaya. ... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

The District Magistrate, Gaya.

3.

The Sub Divisional Officer, Sadar Gaya.

4.

The Block Supply Officer, Town Block, District- Gaya. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Respondent/s :

Mr. AC to - AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-07-2019 After some argument, learned counsel for the petitioner seeks permission to file a statuary appeal against the impugned order before the District Magistrate, Gaya (respondent no. 2).

Learned counsel for the State has no objection to the same.

This writ application is being disposed of with liberty to the petitioner to file statuary appeal before respondent no. 2 within a period of 30 days from today.

If such an appeal is preferred by the petitioner within the prescribed period, the same shall be considered on its own merit and in case a question of limitation arises, the same shall

Patna High Court CWJC No.20220 of 2018(2) dt.27-07-2019 2/2 be considered keeping in mind that the petitioner was pursuing his remedy before this Court under some bona fide belief It is expected that if the appeal is preferred, it will be disposed of within the statutory period.

(Rajeev Ranjan Prasad, J) avin/- U