Patna High CourtCWJC/11345/2015disposed

Uday Kumar v. The State Of Bihar And ORS

2019-02-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11345 of 2015 ====================================================== Uday Kumar son of Late Jamadar Singh resident of Bihari Mill, Puarini Bhatti Gola, P.O. Avaith, P.S.- Nawada, District- Bhojpur ... ... Petitioner

Versus

1. The State Of Bihar

2. The Collector, Patna

3. The Sub Divisional Officer, Danapur

4. The Divisional Commissioner, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Nandan Prasad For the Respondent/s :

Mr. Jay Prakash Sharma, AC to GP 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-02-2019 Counsel for the petitioner is permitted to add Divisional Commissioner, Patna as respondent No. 4 to the writ petition.

Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

Objection is raised by the State Counsel that the petitioner has rushed to this Court without availing remedy of appeal against the order of punishment dated 8.5.2015 issued by the Collector, Patna.

This Court would find that adequate, efficacious remedy is available to the petitioner before the Divisional Commissioner, the Appellate Authority. The issue can well be considered by the said Appellate Authority with reference to the

Patna High Court CWJC No.11345 of 2015(2) dt.19-02-2019 2/2 entire record taking into consideration the facts and circumstances under which the order has been passed. The petitioner, therefore, should approach the Appellate Authority by making a detailed appeal raising all his grievances including the fact that the order has been passed without reference to any evidence.

If such an appeal is filed within a period of four weeks from today, taking into consideration the objection raised by the respondent State, this Court would observe that the issue of delay shall not be raised against the petitioner and his appeal be decided by the Divisional Commissioner, respondent No. 4, expeditiously and preferably within a period of three months from the date of filing of the appeal by affording due opportunity and in accordance with the procedure prescribed under Bihar CCA Rules 2005 .

The writ petition stands disposed of.

(Madhuresh Prasad, J.) SNkumar/- U