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Patna High CourtCWJC/9009/2015disposed

Lakshmi Prasad Sahu v. The State Of Bihar And ORS

2019-10-23Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9009 of 2015 ====================================================== Lakshmi Prasad Sahu son of Late H.N. Sahu permanent resident of Mohalla - Brahmpura, PO - MIT, P.S. - Brahmpura, District - Muzaffarpur. ... ... Petitioner

Versus

1.

The State Of Bihar through Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna 2.

The Principal Secretary Mines and Geology, Department of Mines and Geology, Government of Bihar, Patna 3.

The Additional Secretary Mines and Geology, Department of Mines and Geology, Government of Bihar, Patna 4.

The Joint Secretary Mines and Geology, Department of Mines and Geology, Government of Bihar, Patna.

5.

The Section Officer - II, Department of Mines and Geology, Government of Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Akashdeep Mr. Shyameshwar Kumar Singh For the Respondent/s :

Mr. Naresh Dikshit Ms. Kalpana ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-10-2019 Learned State Counsel raises an objection that the petitioner has rushed to this court directly without availing of his remedy by way of memorial under Rule 24(2) of the Bihar CCA Rules 2005.

Being faced with such difficulty, Counsel for the petitioner submits that his memorial may now be barred by delay. In view of the objection of maintainability being raised by State Counsel, this Court would direct that in case petitioner prefers to avail remedies under Rule 24(2) within four weeks the authorities would be obliged to consider the same on merit without raising the

Patna High Court CWJC No.9009 of 2015(3) dt.23-10-2019 2/2 issue of delay and dispose it of by a reasoned and speaking order having due consideration of the points raised therein within a period of three months thereafter.

The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U