Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7945 of 2020 ====================================================== Rajesh Kumar son of Nandlal Sah resident of village- Rampur Bhikhanpura, P.O. Basatpur, P.S. Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Consumer and Food Protection Department, Government of Bihar, Patna.

3.

The District Magistrate, Muzaffarpur, District- Muzaffarpur. 4.

The District Supply Officer, Muzaffarpur, District- Muzaffarpur. 5.

The Sub- Divisional Officer, West Muzaffarpur, District- Muzaffarpur. 6.

The Sub- Divisional Public Grievances Redressal Authority, West Muzaffarpur, District- Muzaffarpur.

7.

The Circle Officer, Sahebganj, District- Muzaffarpur. 8.

The Block Supply Officer, Sahebganj, District- Muzaffarpur. 9.

Heera Lal Sah son of Banti Lal Sah resident of village- Rampur Bhikhanpura, P.O. Basatpur, P.S. Sahebganj, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar Manglam, Advocate For the Respondent/s :

Mr.Upendra Pratap Singh (AC to SC 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 15-11-2021 The present petition has been filed for directing the respondent authorities to cancel the license of the fair price shop of the private respondent no. 9, inasmuch as he is an accused in a police case bearing Sahebganj PS case no. 223 of 2017 dated 04.08.2017, registered under Sections 304/34 of Indian Penal Code read with Section 3/4 of Dowry Prohibition Act. We find that admittedly, the factual aspects of the

Patna High Court CWJC No.7945 of 2020(5) dt.15-11-2021 2/2 matter are required to be examined. On a query made to the learned counsel for the petitioner as to whether the petitioner would avail the alternative remedy of approaching the District Magistrate, Muzaffarpur, the learned counsel for the petitioner has submitted that the petitioner would definitely approach the District Magistrate, Muzaffarpur for redressal of his aforesaid grievance, however a time limit should be prescribed for disposal of the representation of the petitioner. We, accordingly, direct the petitioner to file appropriate representation before the District Magistrate, Muzaffarpur within two weeks from today, which shall be disposed off by a speaking order by the District Magistrate, Muzaffarpur, within a period of four weeks, thereafter. It is made clear that in case, the representation of the petitioner is not disposed off within a period of four weeks of filing of the same, the District Magistrate, Muzaffarpur shall be liable to pay a sum of Rs. 50,000/- to the petitioner.

The writ petition stands disposed off.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) rinkee/s.sbU