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Patna High CourtCWJC/5803/2020disposed

Babloo Kumar @ Bablu Kumar v. The State Of Bihar

2021-11-23The Chief Justice -,Mr. Justice S. Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5803 of 2020 ====================================================== Babloo Kumar @ Bablu Kumar, Son of Moti Yadav, Resident of VillageBalwapar, Post - Manjour, Police Station- Warisaliganj Muffasil, DistrictNawada. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Old Secretariat, Patna.

3.

The Special Secretary, Food and Consumer Protection Department, Government of Bihar, Old Secretariat, Patna.

4.

The District Magistrate-cum-Collector, Nawada. 5.

The Sub-Divisonal Officer, Nawada Sadar, Nawada. 6.

The District Supply Officer, Nawada.

7.

The Block Supply Officer, Warisaliganj, Nawada. 8.

The District Selection Committee, through its Chairman, District Magistrate, 9.

Binod Kumar Sharma, Son of Arjun Prasad Singh, Resident of Village Manjour, Panchayat and Post- Manjour, Police Station- Warisaliganj, District- Nawada.

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate Mr. Gopal Bohra, Advocate For the Respondent/s :

Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT

2/5 (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 23-11-2021 Petitioners have prayed for the following relief(s):-

3/5 After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of remaining grievance(s). Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach Respondent No.4 namely the District Magistrate-cum-Collector, Nawada, within a period of four weeks from today by filing a representation for redressal of remaining grievance(s);

(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;

4/5 (c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (f) Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits. All issues are left open;

(h) We expect that the appropriate authority shall consider and decide the petitioner's application/request expeditiously and preferably within a period of three months from the date of the its presentation.

(i) While considering such representation, the period for which the petitioner has been pursuing the present petition shall not be counted for the purposes of limitation.

5/5 The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 25.11.2021 Transmission Date