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Patna High CourtCWJC/1267/2021disposed

Sushil Kumar Singh v. The State Of Bihar

2021-11-16The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1267 of 2021 ====================================================== Sushil Kumar Singh Son of Late Shatrudhan Kumar Singh, Resident of Village P.O. and P.S. Goh, District - Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Food and Civil Supplies, Bihar, Patna.

2.

The Bihar State Food and Civil Supplies Corporation, Khadya-Bhawan, Daroga Rai Path, Patna through the Managing Director. 3.

The Managing Director, Bihar State Food and Civil Supplies Corporation, Khadya-Bhawan, Daroga Rai Path, Patna.

4.

The Divisional Manager, Bihar State Food and Civil Supplies Corporation, District - Aurangabad.

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

For the Petitioner/s :

Mr.Rajesh Mohan, Advocate For the Respondent/s :

Mr.S. Raza Ahmad, A.A.G. 5 For B.S.F.C.

Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-11-2021 Petitioner has prayed for the following relief(s): "For a direction/directions commanding the respondents to release the adequate amount/fund in favour of the authority concerned to make payment of the outstanding dues against the godown rent of the petitioner for the period from 19.01.2008 to 09.04.2013 with interest to the petitioner in the light of the request made by the respondent no. 4 (Divisional Manager, Bihar State Food & Supply Corporation, Aurangabad) vide memo no. 456 dated 07.06.2011 and further to take

Patna High Court CWJC No.1267 of 2021(2) dt.16-11-2021 2/3 steps for disposal of the representations filed by the petitioner for payments of the same to the petitioner and for further order/orders, relief/reliefs in the facts and circumstances of the case for which the petitioner may entitled too."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned authority to consider and decide the representation to be filed, within a period of three months from the date of its presentation.

Without expressing any opinion on merits of the claim, petition is disposed of with the liberty aforesaid. All issues on facts and law are left open.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes

Patna High Court CWJC No.1267 of 2021(2) dt.16-11-2021 3/3 recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS/- U