Ramashish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5039 of 2024 ====================================================== Ramashish Paswan S/o Late Vasudev Paswan Resident of Village - Shivram, Choudhary Tola, Kutlupur Diara, Ward No. 10, P.S. Mufassil, District Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Principle Secretary, Food and Consumer Protection Department, Government of Bihar, Old Secretariat, Patna. 2.

The Commissioner, Munger Division, Munger.

3.

The District Magistrate, Munger.

4.

The Sub-Divisional Officer, Sadar, Munger.

5.

The Block Supply Officer, Sadar, Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the Respondent/s :

Mr. N.H. Khan, SC1 :

Ms. Babita Kumari, AC to SC1 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 09-09-2024 Heard the learned counsel for the parties.

2. The present writ petition has been filed assailing the order of the Divisional Commissioner, Munger Division, Munger by way the Divisional Commissioner was of the opinion that the Supply Revision No. 98/23 filed by the petitioner could not be disposed of in view of the pendency of the criminal case pending before the SDM, Munger.

3. Learned counsel for the petitioner has stated that the disposal of the criminal case may take years together and, therefore, the petitioner cannot be left without any remedy. Learned counsel has stated that the direction may be given to

Patna High Court CWJC No.5039 of 2024(5) dt.09-09-2024 2/3 the Divisional Commissioner, Munger Division, Munger, for passing orders on merit in the Supply Revision No. 98/23 filed by the petitioner as expeditiously as possible by fixing a time.

4. Learned counsel appearing on behalf of the respondents has stated that he has no objection if a direction is given to the Divisional Commissioner, Munger Division, Munger, for passing orders on merit in the Supply Revision No. 98/23 filed by the petitioner.

5. Having regard to the above made submissions and also duly noting the fact that the disposal of the criminal case may take years together and the petitioner cannot be made to suffer till the orders are passed in the criminal case, the impugned order dated 01.11.2023 is set aside remanding the back to the Divisional Commissioner, Munger Division, Munger, for passing the orders in the Supply Revision No. 98/23 case on merits strictly in accordance with law. The entire exercise shall be completed as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of a copy of this order. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. Any order passed shall be

Patna High Court CWJC No.5039 of 2024(5) dt.09-09-2024 3/3 communicated to the petitioner.

6. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U