Ram Kumar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3377 of 2019 ====================================================== Ram Kumar Ram aged about 57 years, Male, S/o Ramraj Ram Resident ofRampur, Aslan, P.O. Bagwa, P.S. Gadhni, District- Bhojpur. ... ... Petitioner

Versus

1.

The State of Bihar through the Divisional Commissioner, Ara 2.

The Divisional Commissioner Ara.

3.

The District Magistrate, Ara.

4.

The Sub Divisional Officer Sadar Ara.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra For the Respondent/s :

Mr.S.Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking to challenge the order dated 11.03.2016 passed in Revenue Appeal No. 1 of 2013-14 by which the appeal preferred by the present petitioner against the cancellation of the license of fair price shop has been dismissed.

Learned counsel for the petitioner submits that the petitioner was not aware of the actual date of hearing which was fixed before the District Magistrate, Bhojpur at Ara as a result whereof the appeal stood dismissed in default. Learned counsel for the State is present and submits that petitioner was not pursuing his remedy diligently before the

Patna High Court CWJC No.3377 of 2019(2) dt.29-04-2019 2/2 appellate authority.

Considering the facts and circumstances of the case, in order to allow the petitioner to vindicate his grievance and get substantial justice as against the technical one, this court would restore the appeal bearing Revenue Appeal No. 1 of 2013-14. The appeal is restored and the District Magistrate, Bhojpur at Ara is directed to consider the appeal on it's own merit. Let the appellant appear before the District Magistrate, Bhojpur at Ara on 16th May, 2019 with a certified copy of this order on which further date of hearing of the appeal will be fixed.

It is made clear that any laxity shown by the petitioner in pursuing his remedy shall go against the petitioner as District Magistrate shall not grant any adjournment in the matter and the appeal will be disposed of within a period of 90 days from the date of submission of the certified copy of the order. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U