Patna High CourtCWJC/976/2015disposed

Dev Narayan Mishra v. The State Of Bihar And ORS

2018-04-10Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.976 of 2015 =========================================================== Dev Narayan Mishra. Son of Late Ambika Prasad Mishra. Resident of Village - Bishanpur Patork, P.S.- Ashok Paper Mill, District - Darbhanga. At present working as Panchayat Secretary of Gram Panchayat Raj Muraitha, P.S. and Anchal Jalely, District Darbhanga, Now working at Keoti Block. .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector Darbhanga District Darbhanga.

2. The District Panchayat Officer, District Darbhanga.

3. The Sub Divisional (SDO) Officer Sadar Darbhanga, District Darbhanga.

4. The BDO Block Bahori, District Darbhanga.

5.The District Deputy Development Commissioner, Darbhanga, District Darbhanga.

6. The Block Development Officer, Keoti Block, District Darbhanga. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Bali Jha, Advocate For the Respondent/s : Mr. Dhurjati Kr Prasad, GP 14 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 10-04-2018 A preliminary objection has been raised by the respondentState regarding the maintainability of the instant proceedings since the petitioner had adequate statutory remedy of appeal before the Commissioner against the order passed by the Panchayati Raj Officer impugned in the instant writ petition.

Let the petitioner avail of his remedy of appeal. It is made clear that in case the appeal is filed by the petitioner within four weeks from today, the respondent authority shall not raise the technality of delay as the time spent in the instant

Patna High Court CWJC No.976 of 2015 dt.10-04-2018 2/2 proceedings shall not stand in the way of consideration of the petitioner's appeal by the appellate authority. The writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date 11.04.2018 Transmission Date