Jamshed Alam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19295 of 2018 ====================================================== Jamshed Alam, son of Jakkar Ali, Presently resident of Ward No. 03, Bochagari, P.O. Kuttigola, P.S. Angadh, Distt. Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Mining & Geology Department, Govt. of Bihar, Patna.

2.

The Director, Department of Mines and Geology, Government of Bihar, Patna.

3.

The Assistant Director HQ, Mines and Geology, Bihar, Patna. 4.

The Assistant Director, Mines and Geology, Purnea Anchal, Purnea. 5.

The Officer on Special Duty, Mines and Geology, Govt. of Bihar, Patna. 6.

The District Magistrate, Purnea.

7.

The Additional Collector, Purnea.

8.

The Mines Inspector-cum-Competent Officer, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 Mr. Gopal Krishna, AC to GA-7 Mr. Naresh Dikshit, Spl. PP, Mines ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-03-2019 Counsel for the Respondents submit that Petitioner has alternative remedy to file revision before the Mines Commissioner, Bihar. He has filed the instant writ application without availing alternative remedy.

Counsel for the Petitioner seeks permission to withdraw this application to avail alternative remedy before the revisional authority.

This writ application is disposed off with direction to the Petitioner to file revision before the Mines Commissioner,

Patna High Court CWJC No.19295 of 2018(2) dt.29-03-2019 2/2 Bihar, as provided in law, within a period of one month from the date of passing of this order, which shall be considered by the competent revisional authority in accordance with law after giving proper opportunity of hearing to the Petitioner and looking into relevant records. The Mines Commissioner, Bihar, will pass final order in the revision within a period of three months from the date of filing of the same.

Since the Petitioner was seeking remedy in this Court, therefore, delay in filing the revision will be condoned by the competent authority.

(Sanjay Priya, J) J. Alam/- U