Shri Dev Sundar Lal Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8812 of 2015 ====================================================== Shri Dev Sundar Lal Das Son of Jai Kant Lal Das Resident of village - Jagatpur, Post office - Barail, Police Station and District - Supaul ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, Panchayati Raj Department Government of Bihar, Patna 3.

The Commissioner, Koshi Division, Saharsa 4.

The District Magistrate Cum Collector, Supaul 5.

The District Panchayat Officer, District Supaul 6.

The District Development officer, Supaul 7.

The Additional Collector, Supaul 8.

The Sub - Divisional officer, Supaul, District - Supaul 9.

The Block Development officer, Kishanpur, District - Supaul 10.

The Treasury officer,Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Respondent/s :

Mr.Ajay Bihari Sinha, GA 8 Mr. Suryakant Kumar, AC to GA 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-09-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Counsel for the State raises an objection that without availing remedy of appeal before respondent no.3Commissioner, Koshi Division, Saharsa, petitioner has directly rushed to this court against the order of punishment dated 27.02.2015 issued by the District Magistrate. Mr. Shekhar Kumar Singh, counsel for the petitioner

Patna High Court CWJC No.8812 of 2015(3) dt.11-09-2019 2/2 submits that he would be availing the remedy before the Commissioner.

This court would observe that since objection regarding availing of alternative remedy is raised by counsel for the State, appellate authority (respondent no.3) shall consider the petitioner's appeal on its own merits without raising any issue of delay having regard to pendency of the issue in these proceedings since 2015.

In order to avail remedy of appeal, petitioner should file representation before respondent no.3 within four weeks from today. If the petitioner avails remedy of appeal within time limit, respondent no.3 should consider the same and dispose of by reasoned and speaking order on merits of the matter, in accordance with law within the period of three months thereafter.

Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U