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Patna High CourtCWJC/5283/2021disposed

Krishna Kumar v. The State Of Bihar

2021-12-21The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5283 of 2021 ====================================================== Krishna Kumar, Son of Hari shankar Prasad resident of village and P.o.- Jamua, P.s.- Bairgania, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna 3.

The Divisional Commissioner, Tirhut Division, Muzaffarpur 4.

The District Magistrate, Sitamarhi, District- Sitamarhi 5.

The Sub Divisional Officer, Sitamarhi, District- Sitamarhi 6.

The Block Development Officer, Bairgania, District- Sitamarhi 7.

The Block Supply Officer, Bairgania, District- Sitamarhi 8.

Neeraj Kumar, Son of Chandra Shekha Jha Resident of village and P.o.- Jamua, P.s.- Bairgania, District- Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar Manglam, Advocate For the Respondent/s :

Mr. Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-12-2021 Petitioner has prayed for the following relief(s):-

2/4 After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned i.e. Resplendent No. 4 namely the District Magistrate, Sitamarhi, to consider and decide the application which the petitioner shall be filing for redressal of the grievance(s).

Learned counsel for the respondents states that if such an application is filed by the petitioner, the authority concerned

3/4 shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the authority concerned i.e. Respondent No. 4, namely, the District Magistrate, Sitamarhi, by filing an application for redressal of the grievance(s);

(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;

(c) Needless to add, while considering such application, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) We are hopeful that as and when petitioner takes

4/4 recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (f) Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits of the matter. All issues are left open;

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 22.12.2021 Transmission Date