Sunita Parliwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7807 of 2023 ====================================================== Sunita Parliwal Wife of Deepak Kumar Parliwal Resident of Babuganj, Ward No. 7, Post and Police Station- Khagaria, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna-cum- Second Appellate Authority. 2.

The Commissioner, Purnea Pramandal, Purnea- cum- First Appellate Authority.

3.

The Collector, Purnea, District- Purnea.

4.

The Additional Collector, Purnea, District- Purnea. 5.

The District Public Complaint Redressal Officer, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Poddar Suresh Gandhi, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 14-07-2023 In the instant petition, the petitioner has prayed for the following relief(s):- "1) That this writ petition has been filed in the nature of certiorari to quashing order of District Collector, Purnea dated 21.1.2023 by which the District Collector Purnea has black listed the firm of petitioner i.e. M/S MITTAL AGENCY, KHAGARIA, PAN No. APSPP5757J, GST No. 10APSPP5757J1ZD, Reg. No. KG2607 /06 Proprietor Sunita Parliwal (petitioner) without any reason the order has been passed without notice of petitioner or without hearing of petitioner so order is complete violation of natural

Patna High Court CWJC No.7807 of 2023(3) dt.14-07-2023 2/2 justice."

2. Pursuant to order dated 19.06.2023, the respondent has filed personal affidavit of the concerned respondent. The same is taken on record. In para 5 of the affidavit, it is fairly admitted that the petitioner has not been provided notice before taking impugned action. At the same time, the petitioner in respect of grievance, simultaneously he had approached the concerned statutory authority and it is pending consideration. In fact, it is reliably learnt that blacklisting order is stated to have been stayed by the statutory authority.

3. In the light of these facts and circumstances, the present petition do not survive for consideration. In the event of passing any adverse order against the petitioner by the statutory authority, the petitioner would be at liberty to approach this Court, if he has no alternative remedy.

4. Accordingly, the present writ petition stands disposed of.

(P. B. Bajanthri, J) ( Jitendra Kumar, J) Amrendra/- U