Niwas Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3040 of 2024 ====================================================== Niwas Mandal Son of Late Basant Mandal Resident of Village Bari Allalpur, P.S. Parbatta, Block Kharik, District- Bhagalpur ... Petitioner

Versus

1.

The State Of Bihar Through the Principal Secretary Food and Civil Supply and Consumer Protection Department, Govt. of Bihar Old Secretariat, Patna. 2.

The Commissioner, Bhagalpur Division Bhagalpur. 3.

The Collector, Bhagalpur, District- Bhagalpur. 4.

The District Supply Officer, Kharik, Sub-Division Naugachhia, DistrictBhagalpur. 5.

The Sub-Divisional Officer, Naugachhia District-Bhagalpur. 6.

The Block Supply officer, Kharik, Sub- Division Naugachhia, DistrictBhagalpur. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Shyama Nand Thakur, Adv.

For the Respondents :

Mr.Anirban Kundua, SC XXIV ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 19-06-2024 Even though, the learned counsel appearing on behalf of the petitioner has argued at length on merits of the case, this Court is not inclined to entertain the present writ petition, having regard to the facts that the petitioner has an alternative and efficacious remedy of preferring a statutory appeal before the District Magistrate-cum-Collector, Bhagalpur, under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The present writ petition is disposed of directing the petitioner to approach the District Magistrate-cumCollector, Bhagalpur (Respondent No. 3) by way of appeal within a period of two weeks from today. On such appeal being filed, the District Magistrate-cum-Collector, Bhagalpur

Patna High Court CWJC No.3040 of 2024(2) dt.19-06-2024 2/2 (Respondent No. 3) shall consider the same on merits and pass a reasoned orders in accordance with law.

2. It is needless to mention that before passing any order, the authorities concerned shall give an opportunity of hearing to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of filing of the appeal by the petitioner. Any order passed shall be communicated to the parties.

3. Accordingly, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Shamshad/- U