Vishwanath Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3709 of 2016 =========================================================== Vishwanath Thakur S/o Late Ram Lagan Thakur, Resident of Village - Chhapra Megh, P.S. - Mushari, District - Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar through the Collector, Muzaffarpur.

2. The Collector, Muzaffarpur.

3. The Sub Divisional Officer (East), Muzaffarpur.

4. The Block Supply Officer, Mushari, Muzaffarpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. N. K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the State : Mr. Thakur Jai Singh, A.C. to S.C. 26 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 12-04-2016 Heard parties.

Petitioner seeks direction to the respondent no.2, the Collector, Muzaffarpur to dispose of the Appeal No.02/PDS/201516 which has remained pending since 17.12.2015. No counter affidavit has been filed on behalf of the State though a copy of writ petition appears to have been served upon the State on 18.02.2016 itself. Learned counsel for the State has submitted that this writ application is pre-mature as the same was filed on 22.02.2016 itself and admittedly the appeal was filed on 17.12.2015 only. However, the provision contained under Clause 15 of the Public Distribution System (Control) Order,

Patna High Court CWJC No.3709 of 2016 dt.12-04-2016 2 / 2 2001contemplates disposal of the appeal within 90 days. Having regard to the aforementioned facts and circumstances of the case, this writ petition is being disposed of with a direction to the appellate authority to take a final decision in the matter within a period of two months from the date of receipt/production of a copy of this order.

(Dr. Ravi Ranjan, J) Sanjay-II/- U