Savitri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5508 of 2020 ====================================================== Savitri Devi, W/o Late Lalkeshwar Ram, Resident of Village- Marui Tola Sabda, P.S. Roh, District- Nawada.
... ... Petitioner/s
Versus
1.
The State of Bihar through its the Principal Secretary, food and Consumer Protection Department Government of Bihar, Old Secretariat, Patna800015. 2.
The District Magistrate, Nawada.
3.
The Assistant District Supply Officer, Rajauli, Nawada. 4.
The Sub Divisional Officer, Rajauli, Nawada.
5.
The District Supply Officer, Nawada.
6.
The Block Development Officer, Roh, Nawada.
7.
The Block Supply Officer, Roh, Nawada.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K.Agrawal, Sr. Advocate Mr.Krishna Deo Raj, Advocate For the Respondent/s :
Mr. Arvind Ujjwal, SC 4 Mr. U.P.Singh, Ac to SC 4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-11-2021 Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.5508 of 2020 dt.23-11-2021 2/3 We are in agreement with the submissions made by Shri N.K.Agrawal, learned senior counsel appearing for the petitioner that three days period to respond to the show cause in terms of notice dated 12.09.2016, Annexure-3 Page 19, was insufficient for the petitioner to respond thereto, enable, for placing on record material in support of her case. We notice that the appellate authority has not dealt with this aspect in its order while dismissing the petitioner's appeal in terms of order dated 11.08.2018 passed in Case No. 224(M) 2016.
As such, on this short ground alone, we quash and set aside the order dated 11.08.2018 passed by the District Magistrate, Nawada as also the communication dated 13.08.2018 passed by the appropriate authority (Annexure-9) remanding the matter back to the officer concerned for passing a fresh order in accordance with law.
Patna High Court CWJC No.5508 of 2020 dt.23-11-2021 3/3 Since the matter pertains to the year 2016, petitioner shall appear before the appropriate authority on 14.12.2021, on which date, she shall also file a detailed response and place on record materials in support of her case.
The appropriate authority shall pass a fresh order assigning reasons within a period of four weeks thereafter. Liberty reserved to assail the same, should the need arise. In the meanwhile, status quo, as on date, shall be maintained.
Interlocutory application, if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 26.11.2021 Transmission Date