Md. Saim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8353 of 2020 ====================================================== Md. Saim Son of Md. Jalauddin, Resident of Village- Mehsaul, BlockDumra, Police Station- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Sitamarhi 3.

The Sub Divisional Officer, Sitamarhi 4.

The Block Supply Officer, Dumra, Dist. Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Adv.

Ms. Y. Madhavi, Adv.

For the Respondent/s :

Mr.U.P. Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2021 Heard.

The present writ petition has been filed challenging the order dated 19.02.2020 passed by the Sub-Divisional Officer, Sitamarhi Sadar in violation of the order of this Court, i.e. without giving an opportunity of personal hearing to the petitioner herein.

Admittedly, the petitioner has a remedy of filing an appeal against the impugned order dated 19.02.2020, under Clause 32 of the Bihar P.D.S. Control Order, 2016. At this juncture, the learned counsel for the petitioner seeks liberty to file an appeal against the order dated 19.02.2020 passed by the Sub-Divisional, Sitamarhi Sadar. Liberty so

Patna High Court CWJC No.8353 of 2020(2) dt.20-02-2021 2/2 sought is granted.

The writ petition stands disposed of, however, with liberty to the petitioner to file appropriate appeal within a period of two weeks from today and in case such an appeal is filed within a period of two weeks from today, the appellate authority shall consider the same and dispose of the said appeal, in accordance with law, on merits, without being impeded by the issue of limitation.

(Mohit Kumar Shah, J) Tiwary/- U