Uday Shankar Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13643 of 2021 ====================================================== Uday Shankar Singh, son of Late Awadh Narayan Singh, Resident of Flat No. 24th, 5 Pachmi Anandpuri Mandir Marg, P.O.-G.P.O., Patna, P.S.-S.K. Puri, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2.

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

3.

The Special Officer on duty, Food and Consumer Protection Department, Bihar, Patna.

4.

The District Magistrate, West Champaran, Bettiah. 5.

The Sub Divisional Officer, Bettiah Sadar, Bettiah. 6.

The District Supply Officer, West Champaran, Bettiah. 7.

The Accountant General, Patna.

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

For the Petitioner/s :

Mr.Yogesh Kumar, Advocate For the Respondent/s :

Mr.Alok Ranjan, AC to AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-09-2022 Today being Friday, matters are being taken up through virtual mode, as per current procedure for hearing. The petitioner's claim for benefit under ACP/MACP Scheme, made before the Sub Divisional Officer, Bettiah Sadar, is pending consideration. Annexure-5 is a copy of the same. The learned State Counsel submits that if the application is pending then the fact that it has to be considered and reasoned and speaking order passed cannot be made an issue.

Patna High Court CWJC No.13643 of 2021(2) dt.02-09-2022 2/2 The petitioner's application has duly been forwarded by Annexure-6 to the Department under communication dated 01.12.2020 bearing memo no.622.

In view of the stand of the rival parties and the limited prayer today, pendency of the writ petition would be futile. Therefore, the writ petition is disposed of with a direction to respondent no.2 to take a decision on the petitioner's pending claim expeditiously by a reasoned and speaking order in accordance with law. The entire exercise, including grant of benefits found due and admissible, should be completed within three months from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) shashank/- U