← Library
Patna High CourtCWJC/6736/2019disposed

Suresh Kumar Verma, v. The State Of Bihar

2019-05-30Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6736 of 2019 ====================================================== Suresh Kumar Verma, Son of Lalit Prasad Verma, resident of VillageSingheshwar Ward No. 11, P.S.- Singheshwar, P.O.- Singheshwar, DistrictMadhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2.

The Collector, Madhepura, P.S. and District- Madhepura. 3.

The Land Reform Deputy Collector, Madhepura, P.S. and District Madhepura.

4.

The district Co-operative Officer, Madhepura, P.S. and District Madhepura. 5.

The District Supply Officer, Madhepura, P.S. and District Madhepura. 6.

The Sub Divisional Officer, Madhepura, P.S. and District Madhepura. 7.

The Sub Divisional Officer, Uda Kshunganj, P.S.- Uda Kishunganj, DistrictMadhepura. 8.

Puja Kumari, Daughter of Suresh Prasad Bhagat, resident of VillageSingheshwar, Ward No. 9, P.S.- Singheshwar P.O.- Singheshwar, DistrictMadhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr. U. P. Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-05-2019 Heard learned counsel for the petitioner and learned AC to SC 4 for the State.

2. The petitioner has moved the Court for the following relief:

Patna High Court CWJC No.6736 of 2019 dt.30-05-2019 2/3 "That though this Writ application the petitioner seeks issuance of a Writ in nature of mandamus directing the respondent No. 2, the Collector Madhepura to start hearing of P.D.S. Appeal No. 83/2018 filed by the petitioner under P.D.S. (Control) Order and to pass final order which is pending till date."

3. Learned counsel for the petitioner submitted that he has filed appeal before the respondent no. 2 on 01.10.2018 as per Rule 32 (iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, and though the statute provides for its disposal within 60 days but the same is still pending.

4. Learned counsel for the State submitted that the appeal shall be disposed off expeditiously, if not already disposed off.

5. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that the appeal filed by the petitioner pending for last seven months, though the statute provides that the same should be disposed off within 60 days, as far as practicable, there can be no justification for not deciding it for almost 8 months now.

6. Accordingly, the writ petition stands disposed off with a direction to the respondent no. 2 to dispose off P.D.S. Appeal No. 83 of 2018, if already not so done, expeditiously and latest within a period of two months from the date of production of a copy of

Patna High Court CWJC No.6736 of 2019 dt.30-05-2019 3/3 this order before him, in accordance with law, after giving due opportunity of hearing to the petitioner.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T