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Patna High CourtCWJC/13814/2018disposed

Chandra Bhusan Tiwari v. The State Of Bihar And ORS

2018-08-23Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13814 of 2018 ====================================================== Chandra Bhushan Tiwari S/o late Bhagwan Dutta Tiwari, R/o Vill Turahapatti P.S. Sirisiya Dist. West Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar through Secretary Food and Supply Department, Government of Bihar.

2. The Commissioner of Food and Supply Department Government of Bihar at Patna

3. The Director of Food and Supply Department, Government of Bihar at Patna.

4. The District Magistrate, West Champaran at Bettiah.

5. The S.D.M., Sadar Bettiah West Champaran.

6. The District Supply Officer, West Champaran at Bettiah.

7. The Block Supply Officer, Chanpatiya.

8. Binod Thakur, R/o Turhapatti P.S. Sirisiya Distt. West Champaran.

9. Sukhdeo Ram, R/o Turhapatti P.S. Sirisiya Distt. West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No. 2, Adv.

For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 23-08-2018 Heard learned counsels for the petitioner and the Respondent-State.

The present writ application has been filed for a direction to the respondent authorities to comply the order dated 19.09.2017, passed in Case No.5013101050511700959/1A, whereby the Block Supply Officer, Chanpatia and SubDivisional Officer, Bettiah were directed to take action so that the food grains should be supplied and distributed properly to the beneficiaries under the National Food Security Scheme. It is submitted by learned counsel for the petitioner

Patna High Court CWJC No.13814 of 2018 dt.23-08-2018 2/3 that the order dated 24.08.2017, passed by Sub-Divisional Public Grievance Redressal Officer, Bettiah, in Case No. 5013103265, as contained in Annexure-1, has been affirmed by the Additional Collector, Public Grievance Redressal Cum-First Appellate Authority, West Champaran, vide order dated 19.09.2017.

From perusal of the order dated 25.04.2018, passed by the District Magistrate, West Champaran Cum- the Second Appellate Authority Bihar Public Grievance Redressal Authority in Appeal No. 100 of 2017-18, as contained in Annexure-4, it appears that the Sub-Divisional Officer, Bettiah was directed by the Second Appellate Authority-cum-District Magistrate for initiating a proceeding for non-compliance of the order. However it appears that the Second Appellate Authority has not resorted to the provisions of inflicting the penalty, as incorporated under Section 8 of the Act.

In the circumstances, the Writ application is disposed of with a liberty to the petitioner to file appropriate application against the order dated 25.04.2018, passed by the District Magistrate, West Champaran Cum- the Second Appellate Authority Bihar Public Grievance Redressal Authority in Appeal No. 100 of 2017-18, as contained in Annexure-4 for

Patna High Court CWJC No.13814 of 2018 dt.23-08-2018 3/3 exercise of jurisdiction under Section 8 of the Act. It is made clear, if such application is filed within a period of two weeks from the date of receipt/production of a copy of this order, it is expected from the authority concerned to dispose of the application of the petitioner within a period of six weeks thereafter.

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