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Patna High CourtCWJC/4713/2024disposed

Indrajeet Kumar Suman v. The State Of Bihar

2024-10-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4713 of 2024 ====================================================== Indrajeet Kumar Suman ... ... Petitioner/s

Versus

The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav, Advocate Mr. Anil Kumar Amal, Advocate Mr. Binod Kumar Sinha, Advocate For the Respondent/s :

Mr. Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2024 Heard learned counsel for the parties.

2. The present application has been filed for quashing the order dated 05.09.2023 passed by the District Appellate Authority, Begusarai in Appeal Case No. 23 of 2023 whereby appeal filed by the petitioner was dismissed on the ground of limitation.

3 . At the outset, learned counsel for the State appears and raises preliminary objection with regard to the maintainability of this writ application on the ground that petitioner has got alternative remedy before the State Appellate Authority. He further submits that no reason has been assigned, as to why this writ application shall be heard by this Hon'ble High Court, even when alternative remedy to move before the State Appellate Authority is available to the petitioner.

Patna High Court CWJC No.4713 of 2024(2) dt.28-10-2024 2/2

4. Learned counsel for the petitioner is not in a position to dispute the contentions made on behalf of the State.

5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to petitioner to move before the State Appellate Authority by filing appeal and the State Appellate Authority is directed to proceed in the matter and dispose of the same in accordance with law, as expeditiously as possible.

6. With the aforesaid observations and directions, this writ application is disposed of.

(Prabhat Kumar Singh, J) Navya/- U