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Patna High CourtCWJC/12854/2014disposed

Chandrama Manjhi v. The State Of Bihar And ORS

2016-05-17Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12854 of 2014 ====================================================== Chandrama Manjhi, son of Late Lachhiram Manjhi, Resident of villageBhatwalia, P.S.- Siwan Moffassil, District- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate Cum Collector, West Champaran at Bettiah

3. The Additional Collector, West Champaran at Bettiah

4. The Circle Officer, Lauria Circle, West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manager Sah For the Respondent/s : Mr. Nasim Yahya, GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-05-2016 The petitioner has filed this writ application against the order of punishment, dated 26.05.2014, passed by the District Magistrate, West Champaran, Bettiah, without availing the statutory remedy of appeal provided under the Bihar CCA Rules, 2005.

Learned counsel submits that the impugned order has been passed in utter violation of principles of natural justice and without compliance of the provisions of statutory rules. In my opinion, it will be open for the petitioner to take all grounds in appeal. This court has not expressed any opinion on merits of the case.

With the liberty aforesaid, the writ application is

Patna High Court CWJC No.12854 of 2014 (4) dt.17-05-2016 2/2 disposed of. In case any such appeal is filed by the petitioner, the same would be disposed on its own merit, without being prejudice by the order of this court, preferably within four months from the date of filing of the appeal.

(Samarendra Pratap Singh, J) kunal/- U