Antu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5902 of 2020 ====================================================== Antu Manjhi S/o Moali Manjhi resident of Village- Basari, P.S.- Bodh Gaya, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food Commerce and Civil Supplies, Bihar, Patna.

2.

The Divisional Commissioner, Magadh Division, Gaya. 3.

The District Magistrate, Gaya.

4.

The Sub Divisional Officer, Sadar, Gaya.

5.

The District Supply Officer, Gaya.

6.

The Block Supply Officer, Bodh Gaya, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4 Learned counsel for the petitioner states that petitioner's appeal is pending before the District Magistrate, Gaya and petitioner shall be content if a direction is issued for expeditious disposal of the same.

Learned counsel for the respondents states that

3/4 since the appeal is of the year 2019, the same shall be considered and decided within a period of three months from the date of appearance of the petitioner before the Appellate Authority along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall make himself available before Respondent No. 3 namely the District Magistrate, Gaya on 10th of January, 2022;

(b) Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired;

(c) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment; (d) The Appellate Authority shall decide the appeal on merits, in compliance of the principles of natural justice; (e) The Appellate Authority shall pass a reasoned and speaking order, within a period of three months from the date of appearance of the petitioner before the Appellate Authority;

(f) Copy of the order passed by the Appellate

4/4 Authority shall be supplied to the parties;

(g) Equally, liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law;

(h) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (i) We have not expressed any opinion on merits and all issues are left open;

(j) Liberty reserved to the petitioner to assail the order, should the need so arise subsequently. The instant petition sands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 21.12.2021 Transmission Date