Upendra Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5912 of 2024 ====================================================== Upendra Kumar Son of Mr. Shiv Kumar Prasad, Resident of Awash Nagar, MIT, Police Station- MIT, District- Muzaffarpur, Bihar- 842003. ... ... Petitioner/s

Versus

1.

The Union of India through Secretary, Ministry of Consumer Affair, Food and Public Distribution, Department of Bureau of India Standards, Krishi Bhawan, New Delhi-110001.

2.

The Director General, Bureau of India Standards, Bahadur Sah Zafar Marg, New Delhi-110002.

3.

The Dy. Director General (Eastern Region), Bureau of India Standards, Eastern Regional Office, 6th Floor, Plot no. 7/7 and 7/8, CP Block, Sector V, Salt Lake, Kolkata -700091.

4.

The Director (Establishment), Bureau of Indian Standards, Bahadur Sah Zafar Marg, New Delhi-110002.

5.

The Scientist E and Head, Branch Office, Bureau of India Standards, Patliputra Industrial Estate, Patna- 800013.

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

For the Petitioner/s :

Mr. Jitesh Singh, Advocate For the Respondent/s :

Mr. Alok Kr Agarwal,, Sr. Panel Counsel (UOI) Dr. Priya Gupta, Central Govt. Counsel ===================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 05-07-2024 Previous writ petition being CWJC No. 16682 of 2023 was disposed of by a Co-ordinate Bench on 15th January 2024, on the prayer made by the learned counsel for the petitioner for not pressing the writ petition with liberty that the petitioner may be permitted to approach the respondent authority for redressal of his grievance.

2. It is submitted by the learned counsel for the Union of India that the petitioner did not file any representation as per

Patna High Court CWJC No.5912 of 2024(2) dt.05-07-2024 2/2 the liberty granted by a Co-ordinate Bench while disposing of the CWJC No. 16682 of 2023. In such view of the matter, this Court finds that the instant writ petition is premature and no vested right is accumulated in favour of the petitioner to move the writ petition without making proper representation before the authorities.

3. Considering such view of the matter, the instant writ petition is dismissed, however the petitioner is given liberty to file representation before the authorities as per the order passed in CWJC No. 16682 of 2023 within two weeks from the date of this Order.

(Bibek Chaudhuri, J) Suraj Dubey/- U