Rajesh Kumar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4942 of 2019 ====================================================== Rajesh Kumar Ram Son of Sri Bandhu Ram Resident of Village Saraiya Mishrain Tola Ward No. 14, P.O.- Saraiya Bazar, P.S. Paharpur, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, General and Administrative Department, Govt. of Bihar, Patna.

2.

The Chief Secretary, New Secretariat Bailey Road, Patna. 3.

The Principal Secretary, Food and Consumer Conservation Department, New Secretariat, Bailey Road, Patna.

4.

The Secretary, Food and Consumer Conservation Department, New Secretariat, Bailey Road, Patna.

5.

The District Magistrate cum President District Selection Committee Collectorate District Supply Department, East Champaran, Motihari. 6.

The Sub Divisional Officer Areraj, East Champaran. 7.

Birendra Paswan S/o Jangbahadur Paswan Resident of Village- Saraiya Kanu Tola, Ward No. 6, P.O.- Saraiya Bazar, P.S.- Paharpur, District- East Champaran.

8.

Yogendra Kumar Ravi Das S/o Chaturi Bhagat Resident of Village- Saraiya Panjar Patti, P.O.- Saraiya Bazar, P.S. Paharpur, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.III, Advocate For the Respondent/s :

Mr. AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-07-2019 The writ application requires determination of the factual aspects of the matter. It cannot be done on the basis of mere affidavits. The petitioner has a remedy available in terms of the provisions of the Bihar Targeted P.D.S. (Control) Order, 2016 by filing an appropriate appeal before the District Magistrate concerned.

The writ application is being disposed of with liberty

Patna High Court CWJC No.4942 of 2019(2) dt.25-07-2019 2/2 to the petitioner to avail the statutory remedy of appeal before the District Magistrate, East Champaran at Motihari (respondent no. 5) within a period of 30 days from today. If such an application is preferred within the stipulated period, the same will be considered on its own merit and in case a question of limitation arises, the same will be considered keeping in mind that the petitioner was pursuing his remedy before this Court.

(Rajeev Ranjan Prasad, J) avin/- U