Moti Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5355 of 2024 ====================================================== Moti Paswan Son of Late Jaykrishna Paswan, Resident of Ward No.- 03, Murraha, Patepur, Sasan, Police Station- Hasanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Supply Department, Govt. of Bihar, Patna.

2.

The District Magistrate -Cum-Collector, Samastipur. 3.

The District Supply Officer, Samastipur.

4.

The Sub-Divisional Officer -Cum- Sub-Divisional Supply Officer, Rosera, District Samastipur.

5.

The Block Supply Officer, Hasanpur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Kumar, Adv.

For the Respondent/s :

Mr. Standing Counsel 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 03-09-2024 Even though, the learned counsel appearing on behalf of the petitioner has argued at length on merits of the case, this Court is not inclined to entertain the present writ petition, having regard to the facts that the petitioner has an alternative and efficacious remedy of preferring a statutory appeal before the District Magistrate-cum-Collector, Samastipur, under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The present writ petition is disposed of directing the petitioner to approach the District Magistrate-cum-Collector, Samastipur (Respondent No.

2) by way of appeal within a period of two weeks from today.

Patna High Court CWJC No.5355 of 2024(4) dt.03-09-2024 2/2 On such appeal being filed, the District Magistrate-cumCollector, Samastipur (Respondent No. 2) shall consider the same on merits and pass a reasoned orders in accordance with law.

2. It is needless to mention that before passing any order, the authorities concerned shall give an opportunity of hearing to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of filing of the appeal by the petitioner. Any order passed shall be communicated to the parties.

3. Accordingly, the present writ petition stands disposed of (A. Abhishek Reddy , J) Gauravkr/- U