Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9764 of 2023 ====================================================== Birendra Kumar S/O- Ramdadhar Prasad, Resident of Village and P.O.- Selhauri-Belhauri, PS- Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Food and Civil Supply, Govt. of Bihar, Patna.

2.

District Magistrate, Patna.

3.

Civil S.D.O, Paliganj, Patna.

4.

District Supply Officer, Paliganj, Patna.

5.

Block Supply Officer, Dulhin Bazar, Patna.

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

For the Petitioner/s :

Mr. Uday Narayan Singh For the Respondent/s :

Mr. S. Raza Ahmad ( Aag 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 28-11-2023 Even though, the learned counsel appearing on behalf of the petitioner has argued at length on merits of the case, this Court is not inclined to entertain the present writ petition, having regard to the facts that the petitioner has an alternative and efficacious remedy of preferring a statutory appeal before the District Magistrate-cum-Collector, Patna, under Clause 32(3) of the Bihar Targeted Public Distribution System (Control) Order, 2016. The present writ petition is disposed of directing the petitioner to approach the District Magistrate-cum-Collector, Patna (Respondent No. 2) by way of appeal within a period of two weeks from

Patna High Court CWJC No.9764 of 2023(4) dt.28-11-2023 2/2 today. On such appeal being filed, the District Magistratecum-Collector, Patna (Respondent No. 2) shall consider the same on merits and pass a reasoned orders in accordance with law.

2. It is needless to mention that before passing any order, the authorities concerned shall give an opportunity of hearing to the petitioner. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of filing of the appeal by the petitioner. Any order passed shall be communicated to the parties.

3. Accordingly, the present writ petition stands disposed off.

(A. Abhishek Reddy, J) Ayush/- U