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Patna High CourtCWJC/857/2019disposed

Upendra Ram, v. The State Of Bihar

2023-08-22Mr. Justice A. Abhishek Reddy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.857 of 2019 ====================================================== Upendra Ram, Son of Hirday Ram, resident of Chakwaja, Chakwa Urf Chak Khodaiya, Chakwaja Nagma, P.S. Patori Belsar District- Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Food and Civil Supplies and Consumer Department, Govt. of Bihar, Patna. 2.

The District Magistrate, Vaishali.

3.

The Sub-Divisional Officer, Hajipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Utkarsha Utpal, Adv.

Mr. Shailendra Kumar Singh, Adv.

For the State :

Mr. U.P. Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-08-2023 Learned counsel for the petitioner has stated that the appeal filed by the petitioner is pending for adjudication before the appellate authority and a direction may be issued to the appellate authority to dispose of the appeal on merits.

2. Learned counsel for the respondents has stated that the so-called Appeal at Page 15 (Annexure 3) is not in the proper proforma but is only a representation made by the petitioner and, therefore, a direction may be given to the petitioner that an appeal in a proper proforma may be filed and if any appeal is filed, the same may be directed to be disposed of on merits.

3. Having regard to the above made submissions, the

Patna High Court CWJC No.857 of 2019(3) dt.22-08-2023 2/2 petitioner is directed to file an appeal against the order of cancellation dated 10.10.2018 in Case No. 20 of 2016 within a period of two weeks from the date of receipt of the copy of the order. On such appeal being filed, the same shall be disposed on merits by the appellate authority within a period of eight weeks thereof. It is needless to mention that before passing any order, the petitioner shall be given an opportunity of hearing. If any order is passed the same shall be communicated to the parties. (A. Abhishek Reddy , J) gauravkr/- U