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Patna High CourtCWJC/6408/2020dismissed

Suman Kumar Singh v. The State Of Bihar

2020-12-22The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6408 of 2020 ====================================================== Suman Kumar Singh son of Diwakar Prasad Singh resident of village- Bora, Police station- Amdanda, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Secretary, Food and Consumer Protection Department, Bihar, Patna 3.

The Additional Chief Secretary Co-operative Department, Bihar, Patna 4.

The District Magistrate, Bhagalpur 5.

The Registrar, Sahyog Samiti, Bihar, Patna 6.

The District Supply Officer, Bhagalpur 7.

The District Agriculture Officer, Bhagalpur 8.

The District Manager, State Food Corporation, Bhagalpur 9.

The Senior Deputy Collector, (Paddy Adhi-Prapti), Bhagalpur 10.

The B.D.O. Sanhola Block, District- Bhagalpur 11.

The Circle Officer, Sanhola Anchal, District- Bhagalpur 12.

District Co-operative Officer-cum-Managing Director, Bhagalpur Central Cooperative Bank Limited, Bhagalpur 13.

Bock Cooperative Extension Officer, Cum Administrator, Village- Bora Pathakdih, P.s.- Amdanda, Block Amdanda, District- Bhagalpur ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Dhirendra Nath Jha For the Respondent/s :

Mr.S.Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 22-12-2020 Heard learned counsel for the parties.

2/4 Petitioner has prayed for the following relief(s):- "(i) For issuance of writ in the nature of mandamus commanding and directing the respondents to procure paddy crops of farmers of Bara Pathakdih from Bara Pathakdih PACS Centre, already available and in functional mode.

(ii) For issuance of further writ in the nature of mandamus commanding and directing the respondents not to tag Bara Pathakdih PACS Centre with another his PACS Centre which is 20-25 K. Ms. Way as well as follow the directions of the department issued time to time."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation which the petitioner shall be filing for redressal of the grievance(s).

State has no objection to the same.

As such, petition is disposed of in the following terms: The petitioner shall file a representation before the authority concerned within a period of eight weeks. The concerned respondent is directed to consider and decide such representation expeditiously and preferably within a

3/4 period of two months from the date of its filing along with a copy of this order.

The proceedings, during the time of current PandemicCovid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

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. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing be afforded to the parties. Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, also stands

4/4 disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.01.21 Transmission Date NA