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Patna High CourtCWJC/6990/2019disposed

Gauri Shankar Sah v. The State Of Bihar

2019-07-27Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6990 of 2019 ====================================================== Gauri Shankar Sah Son of Nathuni Sah Resident of Hathauri Muzaffapur, District-Muzafarpur.

... ... Petitioner/s

Versus

1.

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

The Secretary, Food and Consumer Protection Department, Old Secretariat, Patna 3.

The District-Magistrate, Muzaffarpur 4.

The Sub-Divisional Magistrate (East), Muzaffarpur 5.

The District Supply Officer, Muzaffarpur 6.

The Child Development Project Officer, Katra, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar, Advocate For the Respondent/s :

Mr. AC to AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-07-2019 Heard learned counsel appearing on behalf of petitioner and learned counsel representing the State. After some arguments, learned counsel for the petitioner submits that he would seek his remedy of statutory appeal against the impugned order dated 08.02.2019 contained in Memo No. 223 passed by Sub-Divisional Magistrate, (East), Muzaffarpur (Respondent No. 4).

Learned counsel for the State has no objection to the same.

The writ application is being disposed of with liberty

Patna High Court CWJC No.6990 of 2019(2) dt.27-07-2019 2/2 to the petitioner to prefer statutory appeal within a period of 30 days from today.

If such an appeal is preferred by the petitioner within the prescribed period, the same shall be considered on its own merit and in case a question of limitation arises, the same shall be considered keeping in mind that the petitioner was pursuing his remedy before this Court under some bona fide belief. It is expected that if the appeal is preferred, it will be disposed of within the statutory period.

(Rajeev Ranjan Prasad, J) avin/- U