Patna High CourtCWJC/12814/2016disposed

Nandji And ORS v. The State Of Bihar And ORS

2017-04-18Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12814 of 2016 ===========================================================

1. Nandji, son of Late Sheo Kumar Rai, resident of village - Pali, P.O. - Pareb, P.S. - Bihta, District - Patna.

2. Sanjay Kumar, son of Sri Ram Sewak Yadav, resident of village - Pali, P.O. - Pareb, P.S. - Bihta, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

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

3. The Secretary to Government, Department of Food and Consumer Protection, Government of Bihar, Old Secretariat, Bihar, Patna.

4. The District Magistrate, Patna, District - Patna.

5. The District Supply Officer (Rural), Patna, District - Patna.

6. The Additional District Supply Officer, Patna, District - Patna.

7. The Sub-Divisional Officer (Supply), Danapur, Patna.

8. The Block Supply Officer-cum-Marketing Officer, Bihta, District - Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Mishra, Advocate Mr. Balmiki Pandey, Advocate For the Respondent/s : Mr. A.K. Sinha, G.A. 1 Ms. Aditi Hansaria, A.C. to G.A. 1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 18-04-2017 Against the grievance made by the petitioners in this writ petition with regard to functioning of the Fair Price Shop in question, which is registered under the Cooperative Societies Act, petitioners have statutory remedy of approaching the statutory authority and that being so, it is not appropriate for this Court to go into the merits of the matter and adjudicate the dispute when the

Patna High Court CWJC No.12814 of 2016 dt.18-04-2017 2/2 petitioners have statutory remedy.

Keeping in view the aforesaid, we direct that in case petitioners file statutory appeal against the shop in question, the competent statutory authority shall look into the grievance of the petitioners, hear all concerned and decide the same in accordance with law within a period of three months.

With the aforesaid, the writ petition stands disposed of. (Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 25.04.2017 Transmission Date