Chatrabali Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2492 of 2017 ======================================================

1. Chatrabali Paswan Son of late Faujdari Paswan Resident of VillageNaubatpur, Police Station0- Naubatipur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Food And Consumer Protection Department, Old Secretariat, Bihar, Patna.

2. The District Magistrate, Patna.

3. The Sub-Divisional Officer, Danapur, District- Patna.

4. The Block Supply Officer, Naubatpur, District- Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukul Prasad For the State : Mr. S. K. Giri,- GP9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the counter affidavit the State has taken a plea that the order of the Sub Divisional Officer has dealt with the fact and law and does not require to be interfered in a situation when there is provision for appeal.

It appears that the Sub Divisional Officer has considered and passed a detailed order. When there is provision for appeal then this Court should not interfere with the order.

In such view of the matter, petitioner is directed to exhaust alternative remedy before the appellate authority by

Patna High Court CWJC No.2492 of 2017 (2) dt.02-05-2017 filing an appeal. This Court is not giving any opinion on the merit of the case. The appellate authority will decide the case after giving proper opportunity of hearing to the petitioner. While considering the period of limitation the appellate authority will consider the pendency of this writ petition before this court.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U