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Patna High CourtCWJC/6784/2016disposed

Jay Prakash Ravidas v. The State Of Bihar And ORS

2017-10-30Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6784 of 2016 ======================================================

1. Jay Prakash Ravidas son of Late GAriban Ravidas, Resident of villageBarsauna, P.s.- Tankuppa, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Food and Consumers Protection, Government of Bihar, Patna

2. The District Magistrate cum Appellate Authority, Gaya

3. The Sub-Divisional Officer, Sadar Gaya, District- Gaya

4. The Block Supply Officer, Bodh Gaya, District- Gaya

5. The Block Supply Officer, Belaganj, District- Gaya

6. The Block Supply Officer, Tankuppa, Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar For the State : Mr. Sheo Shankar Prasad-SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is challenging the order dated 11.2.2014 passed by District Collector, Gaya in Supply Appeal No.1 of 2013 by which he has dismissed the appeal for default as petitioner remained absent on the date fixed. Learned counsel for the petitioner has taken a plea that on the direction of this Court passed in C.W.J.C. No. 4550 of 2012 he has file the appeal but the same has been dismissed for default.

In such view of the matter, the said appeal is restored

Patna High Court CWJC No.6784 of 2016 (2) dt.30-10-2017 and petitioner is directed to remain present on 13th November, 2017 before the appellate authority and appellate authority will be obliged to hear the case on that date and subsequent date fixed by him and pass a reasoned order on the merit. Appellate authority will also take into consideration the ground mentioned in the memo of appeal or if any additional ground is taken by the petitioner. The appellate authority will decide the case in accordance with law within a period of eight weeks from the date fixed.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U