Upendra Prasad Chaurasia v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14895 of 2014 ====================================================== Upendra Prasad Chaurasia Son of Late Shankar Prasad Chaurasia, Resident of village - Lochaha Patan, Police Station - Naya Ramnagar, District - Munger ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Munger 3.

The Deputy Development Commissioner, Munger, District - Munger 4.

The Additional Collector, Department Enquiry, Munger - cum - Conducting Officer 5.

The Deputy Collector Land Reforms, Kharagpur, District - Munger 6.

The Block Development Officer, Haveli, Kharagpur, District - Munger 7.

The Divisional Commissioner, Munger, District Munger ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Dinbandhu Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-09-2019 Heard learned counsel for petitioner and learned counsel for respondent-State.

2. Learned counsel for petitioner is permitted to implead the Divisional Commissioner, Munger, DistrictMunger, as respondent no.7 in course of the day.

3. The order of punishment dated 02.06.2014 issued by the Collector is impugned in the instant proceedings. The petitioner has not availed of the remedy of appeal before the Commissioner.

4. Counsel for the State raises an objection regarding

Patna High Court CWJC No.14895 of 2014(2) dt.24-09-2019 2/2 the instant writ proceedings being instituted without availing of the remedy of appeal before the Commissioner.

5. In view of such objection, the writ petition is disposed off with liberty to petitioner to avail of the remedy of appeal before the Divisional Commissioner, Munger.

6. The objection regarding alternative remedy has been raised by the State Counsel, if the petitioner submits his appeal within 04 ( four) weeks, the Divisional Commissioner, Munger, shall proceed to dispose of the same, without raising the issue of delay within a period of three months thereafter.

7. Accordingly, the writ application stands disposed off.

(Madhuresh Prasad, J) shyambihari/- U