Surendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5368 of 2021 ====================================================== Surendra Paswan son of Late Yogendra Paswan Resident of Village Basuara, Block Rahika, P.S. Madhubani Town, District Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Food and Consumer Protection, Government of Bihar, Patna.

2.

The District Magistrate, Madhubani.

3.

The Sub Divisional Officer Sadar, Madhubani.

4.

The Block Supply Officer, Rahika, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Jha, 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 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.5368 of 2021 dt.21-12-2021 2/3 Before us, it is not in dispute that petitioner has got an equally alternate efficacious remedy as provided under the provisions of Bihar Targeted Public Distribution System (Control) Order, 2016.

In this view of the matter, learned counsel states that petitioner shall be content, if petitioner is permitted to prefer an appeal with a direction for the same to be disposed of expeditiously.

Liberty, as prayed for, is granted.

As and when any such appeal is preferred, the same shall be considered and decided expeditiously by the appellate authority assigning reasons within two months thereafter, copy whereof shall be supplied to the petitioner.

Learned counsel appearing on behalf of the State, states that if the appeal is preferred by the petitioner within next two working weeks, the issue of limitation shall not be allowed

Patna High Court CWJC No.5368 of 2021 dt.21-12-2021 3/3 to come in the way and the appeal shall be heard on merit. We have not expressed any opinion on merits of the matter. All issues are left open including the binding effect of the decision rendered by this Court in the case of Ram Bachan Ram Vs. the State of Bihar & Ors reported in PLJR 2018(4) 516.

The instant petition sands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 22.12.2021 Transmission Date