Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13055 of 2022 ====================================================== Navin Kumar, Son of Bhim Kumar, Resident of Saidpur, P.O. - Khizersarai, P.S. - Khizersarai, District, Gaya Pin Code - 824233. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.

2.

The Bihar State Food and Civil Supply Corporation Ltd. Khadya Bhavan, Road No. 2, Daroga Prasad Rai Path, R Block, Patna - 800001. 3.

The Managing Director, Bihar State Food and Civil Supply Corporation Ltd., Khadya Bhavan, Road No. 2, Daroga Prasad Rai Path, R Block, Patna - 800001.

4.

The District Transport Committee through the Chairman-cum-District Collector, Nalanda.

5.

The District Manager, State Food Corporation, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hansraj, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ===================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) Date : 16-09-2022 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :-

2/5

3/5 It is common prayer of the parties that the petitioner's appeal is pending adjudication before respondent No.3, namely, the Managing Director, Bihar State Food and Civil Supply Corporation Ltd.

Learned counsel jointly prayed that the petition be disposed of with a direction to the said authorities to positively consider and decide the petitioner's appeal, on merits, in accordance with law.

As such, petition stands disposed of in the following terms:- (a) Petitioner shall make himself available before the Appellate Authority on 30.09.2022 at 10.30 A.M. along with a copy of this order.

(b) Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired;

(d) Petitioner through learned counsel undertakes

4/5 to fully cooperate and not take unnecessary adjournment; (e) The Appellate Authority shall decide the appeal on merits, in compliance of the principles of natural justice;

(f) The Appellate Authority shall pass a reasoned and speaking order, within a period of two months. (g) Copy of the order passed by the Appellate Authority shall be supplied to the parties;

(g) Equally, liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law;

(h) We are hopeful that as and when petitioner takes 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; (i) We have not expressed any opinion on merits and all issues are left open;

(j) Liberty reserved to the petitioner to assail the order, before the appropriate forum, should the need so arise subsequently.

The instant petition sands disposed of in the aforesaid terms.

5/5 Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 19.09.2022 Transmission Date