Bachchi Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10989 of 2013 ====================================================== Bachchi Devi Wife Of Sri Ramanand Prasad Resident Of Village - Kasai, P.S. Parasbigha, Distt. - Jehanabad ... ... Petitioner
Versus
1.
The State Of Bihar through Chief Secretary, Govt. of Bihar, Patna 2.
The Principal Secretary, Social Welfare Department, Patna 3.
The Director, I.C.D.S. Bihar, Indra Bhawan, Patna 4.
The District Collector, Jehanabad 5.
The D.P.O. Jehanabad 6.
The C.D.P.O. Jehanabad 7.
The Commissioner, Magadh Division, Gaya.
... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr.Prithivi Raj Singh For the Respondents :
Mr.Subhash Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 19-11-2019 Petitioner's counsel is permitted to implead the Divisional Commissioner, Magadh Division, Gaya as Respondent No.7 in the instant proceedings during course of the day.
It is submitted by the State counsel that under the current guidelines dated 27.05.2019, the petitioner has a remedy of Review before the Divisional Commissioner.
The counsel for the petitioner submits that he cannot now avail the remedy as the same
Patna High Court CWJC No.10989 of 2013 dt.19-11-2019 2/2 would be barred by limitation under the said guidelines.
In view of the aforesaid submissions, this court would observe that since the objection, on account of the availability of remedy under the existing guidelines is taken by the State counsel, the Divisional Commissioner Magadh Division, Gaya (Respondent No.7) shall consider the petitioner's claim upon its merit without raising the issue of delay, in case the same is filed within a period of three (03) weeks.
It is needless to say that the Authorities should proceed in the matter, in accordance with law, after hearing the necessary parties.
The writ application stands disposed off.
(Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.11.2019 Transmission Date N/A