Shambhu Kr.Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11616 of 2004 ====================================================== Shambhu Kr.Das son of late Rajendra Das, resident of villageMohammadpur Khaje, P.S. Karja, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Food Commissioner of Bihar at Patna.

3. District Magistrate-cum-Collector, Muzaffarpur.

4. District Supply Officer, Muzaffarpur.

5. Licencing Officer-cum S.D.O., West Muzaffarpur.

6. Block Supply Officer, Marwan, District Muzaffarpur.

7. Matiya Devi wife of Rajendra Sahani, resident of village Chainpur, P.S. Karja, District Muzaffarpur.

8. Maheshwar Bhagat son of not known to the petitioner, resident of village Dwarikanath, P.S. Karja, District Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan Mrs. Bela Singh For the Respondent/s : Mr. SC-6 Mr. Shailesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 31-07-2015 Heard the parties.

In view of the nature of grievances/claims raised on behalf of the petitioner, fully detailed in paragraph-1 of the present writ petition, this Court is of the opinion that the interest of justice shall be sub-served if the petitioner is granted liberty to file a fresh representation before the respondent District Magistrate-cumCollector, Muzaffarpur (Respondent No.3) with all supporting documents raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly. If such a representation is filed on behalf of the petitioner within a period of one month from today with a certified copy of the present order, then the respondent District Magistratecum- Collector, Muzaffarpur either himself or any other

Patna High Court CWJC No.11616 of 2004 (10) dt.31-07-2015 2/2 competent authority of the respondent State shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to all concerned, at an early date preferably within a period of three months from the date of filing of such representation. If on consideration of the materials the competent authority comes to a conclusion that claims raised on behalf of the petitioner are admissible to him, then consequential order shall also be issued for grant of such admissible claims without any unnecessary further delay.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and it is left to be decided by the competent authority strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U