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Patna High CourtCWJC/7996/2023allowed

Md. Ajad Sah @ Md. Ajad v. The State Of Bihar

2023-11-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7996 of 2023 ====================================================== Md. Ajad Sah @ Md. Ajad Son of Md. Jakir Sah, Resident of Ward No. 11 Makrampur, P.S. Pandaul, Gram Panchayat Mokarampur Pandaul, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Secretary, Rural Development Department, Bihar, Patna. 3.

The Commissioner MANREGA, Rural Development Bihar, Patna. 4.

The District Magistrate, Madhubani.

5.

The Director, Account Administration and Self Employment, District Rural Development agency, Madhubani.

6.

The Deputy Development Commissioner, Madhubani. 7.

The Ombudsman, MANREGA, Madhubani.

8.

The District Programme Officer, Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rananjay Kumar For the Respondent/s :

Mr.Anjani Kumar (Aag4) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-11-2023 This application has been filed for quashing the order dated 28.02.2023 passed in Appeal No. 44 of 2022 issued by the Appellate Tribunal MANREGA, Madhubani.

2. Learned counsel for the petitioner submits that his appeal has been dismissed on the ground of limitation and he further submits that in the interest of justice, the present application be allowed and appeal may be directed to be heard on merits as a huge penalty of around Rs. 5 lakhs has been imposed upon the petitioner.

Patna High Court CWJC No.7996 of 2023(2) dt.22-11-2023 2/2

3. In the interest of justice, this application is allowed and the order dated 28.02.2023 passed in Appeal No. 44 of 2022 issued by the Appellate Tribunal MANREGA, Madhubani is hereby set aside and the matter is remitted back to the authorities to decide it on merit in accordance with law.

4. During pendency of the appeal, the recovery proceeding initiated against the petitioner shall remain in abeyance.

5. Accordingly, this application is disposed of. (Sandeep Kumar, J) Shishir/- U