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Patna High CourtCWJC/17846/2011disposed

Md.Kallimuddin v. The State Of Bihar And ORS

2019-11-04Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 17846 of 2011 ====================================================== Md Kallimuddin, Son of Late Turab Ali, Resident of Mohalla - Baignabad, P.S.- Bihar, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Nalanda 2.

The District Magistrate, Nalanda 3.

The Sub Divisional Officer, Hilsa, District Nalanda 4.

The Circle Officer, Chandi, District- Nalanda 5.

The District Supply Officer, District- Nalanda 6.

The Treasury Officer, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Respondent/s :

Mr.Nirbhay K.Singh Gp26 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the respondent-State.

The present writ petition assails an order dated 17.05.2011 passed in a departmental proceeding by the District Magistrate, Nalanda.

Learned counsel for the State raises an objection regarding maintainability of the instant proceedings on account of remedy available to the petitioner before the Commissioner by way of appeal.

Since the petitioner has adequate remedy before the Appellate Authority, this Court would dispose of the writ

Patna High Court CWJC No.17846 of 2011(3) dt.04-11-2019 2/2 petition with liberty to the petitioner to avail of his remedy before the Appellate Authority.

The petitioner would be at liberty to raise the issue of pendency of the instant writ proceedings in this Court for such a long time to meet the delay occasioned in filing the same. (Madhuresh Prasad, J) M.E.H./- U