Suresh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4323 of 2024 ====================================================== Suresh Sah Son of Shivji Sah, Resident of Village- Chainpur, Gram Panchayat- Chainpur P.O.- Chainpur Hata, Block- Hathua, Sub DivisionHathua, P.S.- Hathua, District - Gopalganj. ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna. 2.

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

3.

The Commissioner, Saran Division, Chapra.

4.

The District Magistrate, Gopalganj.

5.

The Sub Divisional Officer, Hathua, District- Gopalganj. 6.

The Block Supply Officer, Block - Hathua, District - Gopalganj. 7.

The Marketing Officer, Block - Hathua, District - Gopalganj. 8.

The Supply Inspector, Block - Hathua, District- Gopalganj. 9.

The Bihar State Food and Civil Supply Corporation, through its Managing Director, at Patna.

10.

The Managing Director, Bihar State Food and Civil Supply Corporation, Bihar at Patna.

11.

The District Godown Manager, State Food Corporation, Gopalganj, District - Gopalganj.

12.

The Assistant Godown Manager, State Food Corporation, Hathua, DistrictGopalganj. ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Sanjay Kumar Pandey No.5, Adv.

For the State :

Mr.Dhurjati Kr. Prasad, GP XIV For the Corporation :

M/s Shailendra Kumar Singh & Utkarsh Utpal, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 14-02-2025 Having regard to the fact that the petitioner is challenging the show cause notice vide Memo No. 2178, dated 05.10.2023, this Court is not inclined to entertain the present Writ Petition.

2. Liberty is granted to the petitioner to file his explanation to the said show cause notice along with all

Patna High Court CWJC No.4323 of 2024(7) dt.14-02-2025 2/2 requisites documents within a period of four weeks from today.

3. On such explanation being filed, the authority concerned shall pass necessary orders duly taking into consideration the explanation submitted by the petitioner. It is needless to mention that before passing any orders, the authority shall grant opportunity of hearing to the petitioner. Any order passed shall be communicated to the petitioner.

4. Further as it is stated by the counsel for the petitioner that the authorities have written a Letter No. 148, dated 24.01.2024, directing the Respondent No. 7, i.e., the Marketing Officer, Hathua, Gopalganj, to institute an FIR upon the petitioner.

5. The authorities are directed not to take any coercive steps till any final orders are passed by the Sub Divisional Officer, Hathua, Gopalganj (Respondent No. 5), who has issued the show cause notice (Annexure P/7). In case the petitioner fails to file to file the show cause notice within the time stipulated by this Court, the authorities are free to take any action.

6. With the above directions, this Writ Petition stands disposed of.

(A. Abhishek Reddy , J) Shamshad/- U