Ramanand Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2458 of 2019 ====================================================== Ramanand Prasad, Male, aged about 43 years, Son of Sarju Prasad, Resident of Village- Badki Dhubba, Village Panchayat Bhare, P.S. Fatehpur, Distt. Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Food and Consumers Protection, Govt. of Bihar, Patna.

2.

The District Magistrate, Gaya.

3.

The Sub Divisional Officer, Sadar Gaya.

4.

The Block Supply Officer, Fatehpur, Distt. Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Respondent/s :

Mr.Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2019 After some argument, learned counsel for the petitioner submits that he may be allowed to avail his statutory remedy before the District Magistrate, Gaya.

Learned counsel for the State has no objection to the petitioner seeking his remedy before the appellate forum. In the aforesaid view of the matter, the writ application is being disposed of with liberty to the petitioner to seek his remedy in an appeal before the District Magistrate, Gaya in accordance with the provisions of Bihar Targeted Public Distribution System (Control) Order, 2016. If an appeal is preferred within a period of 30 days from today, the same shall be considered by respondent no.4 on its own merit and in case if

Patna High Court CWJC No.2458 of 2019(2) dt.29-04-2019 2/2 a question of limitation arises for consideration, the same will be considered keeping in mind that the petitioner was pursuing his remedy before this Court.

The District Magistrate shall in such case will be obliged to hear and dispose of the appeal within the statutory period.

(Rajeev Ranjan Prasad, J) R.R.Ojha/- U