Abinash Chandra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7162 of 2023 ====================================================== 1.
Abinash Chandra S/o Shri Wakil Singh, resident of Village and P.O. - Madan Sirsiyan, P.S. - Kalyanpur, District - East Champaran, Bihar. 2.
Pankaj Nayan Srivastava S/o Shri Ganesh Prasad Srivastava, resident of Mohalla - Kanta Toli (Second Lane), District - Ranchi. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Commissioner-cum-Secretary, Department of Animal Husbandry and Fisheries, Government of Bihar, Patna. 2.
The Commissioner-cum-Secretary, Department of Animal Husbandry and Fishries, Government of Bihar, Patna.
3.
The Deputy Secretary, Department of Animal Hubandry and Fishries, Government of Bihar, Patna.
4.
The Director, Department of Animal Husbandry and Fishries, Government of Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nikhil Kumar Agrawal Mr. Aditi Hansaria For the Respondent/s :
Mr. Sajid Salim Khan (SC25) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the respondents.
2. At the time of argument, it is fairly admitted by the counsel for the petitioners that both the orders dated 16.02.2023, Annexure-20 and 20/A are the appealable order and the appeal would lie before the respondent no. 2 i.e. The Commissionercum-Secretary, Department of Animal Husbandry and Fisheries, Government of Bihar, Patna.
3. Since there is a remedy available to the petitioner to
Patna High Court CWJC No.7162 of 2023(3) dt.10-01-2025 2/2 make an appeal before the competent authority, therefore without going into the merit of the petition, it would be appropriate to dispose of the petition giving liberty to the petitioner to firstly make a duly constituted appropriate appeal before the competent authority i.e. respondent no. 2, which will be decided by the respondent no. 2 in accordance with relevant rules and law.
4. Accordingly, the petition is disposed of. The petitioner is directed to firstly make an appeal before the respondent no. 2 within three weeks from today and, in turn, on submission of such an appeal, the respondent no. 2 is also directed to decide the same in accordance with relevant rules and law as early as possible preferably within 90 days from submission of the appeal.
5. However, liberty is also granted in favour of the petitioner to approach this Court subsequently if occasion will arise.
(Arvind Singh Chandel , J) shailendra/- U