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Patna High CourtCWJC/13746/2014disposed

Awadhesh Kumar v. The State Of Bihar And ORS

2019-07-23Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13746 of 2014 ====================================================== Awadhesh Kumar Son of Late Sita Ram Rai resident of Village- Daulatpur, P.O.- Subhayee, Police Station- Sadar Hajipur, District- Vaishali, Panchayat Secretary, Gram Panchayat Raj Mahipura, Block Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, Panchayati Raj, Bihar, Patna.

3.

The District Magistrate- cum-Collector, Vaishali at Hajipur. 4.

The Deputy Development Commissioner, Vaishali at Hajipur. 5.

The District Panchayati Raj Officer, Vaishali at Hajipur. 6.

The Conducting Officer- cum- Sub Divisional Officer, Mahua, DistrictVaishali. 7.

The Presenting Officer cum Block Development Officer, Jandaha, DistrictVaishali. The Divisional Commissioner, Tirhut Division, Muzaffarpur 8.

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

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr. Manoj Kumar, AC to GA 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-07-2019 Counsel for the petitioner is permitted to implead Divisional Commissioner, Tirhut Division, Muzaffarpur as respondent no.8 to the writ petition in course of the day. Heard counsel for the petitioner and counsel for the respondents-State.

Counsel for the petitioner submits that against the order dated 20.05.2014 passed by the District Magistrate, Vaishali, he would be approaching the court of the Commissioner, Tirhut Division, Muzaffarpur.

Patna High Court CWJC No.13746 of 2014(3) dt.23-07-2019 2/2 Such submission is made in view of objection raised by counsel for the State regarding availability of alternative remedy to the petitioner.

In view of objection raised by State counsel, this court would observe that if the petitioner files appeal within four weeks, Commissioner, Tirhut division (respondent no.8) shall consider the same on its own merit without raising issue of delay and dispose it of by reasoned and speaking order in accordance with law within eight weeks thereafter. (Madhuresh Prasad, J) s.hassan/- U