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Patna High CourtCWJC/13650/2014disposed

Kumar Achyutanand Singh v. The State Of Bihar And ORS

2019-07-23Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13650 of 2014 ====================================================== Kumar Achyutanand Singh Son ot late Rajendra Prasad Resident of Village Mohamuda, P.O Mohamuda,P.S. Khodaganj, Islampur, Distt. Nalanda ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Revenue and Land Reforms Department Govt. of Bihar Patna 2.

The District Magistrate, Rohtas at Sasaram.

3.

The Addl. Collector Departmental Enquiry cum Conduction Officer, Rohtas, Sasaram.

4.

The Anchal Adhikari, Sasaram, Rohtas cum Up Asthapan Officer. 5.

The Commissioner, Patna Division, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Ramesh Chandra Sinha, Jai Prakash Singh Arti Kumari & Usha Rai For the Respondent/s :

Mr. Raghwanand, GA 11 Mr. Rajan, AC to GA 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-07-2019 Petitioner's Counsel is permitted to implead Commissioner, Patna Division, Patna as respondent No. 5 to the writ petition.

The petitioner has been visited with the punishment of dismissal under order dated 19.3.2014 issued by District Magistrate, Rohtas.

Learned Counsel for the respondent State takes an abjection regarding maintainability of the instant proceeding since adequate efficacious remedy is available before the Commissioner.

Patna High Court CWJC No.13650 of 2014(2) dt.23-07-2019 2/2 Counsel for the petitioner, being faced with such objection, submits that he would be availing remedy before the Commissioner, Patna Division by filing his appeal. Since objection regarding maintainability is taken by the State Counsel, this Court would direct that the petitioner's appeal, if filed within four weeks, shall be considered by the Commissioner upon its own merit without raising the issue of the same being filed by delay.

The writ petition is disposed of.

(Madhuresh Prasad, J) SNkumar/- U