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Patna High CourtCWJC/19075/2021disposed

Rambabu Prasad, v. The State Of Bihar

2025-04-03Mr. Justice A. Abhishek Reddy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19075 of 2021 ====================================================== Rambabu Prasad, son of Ramprit Sah, Resident of Mohalla-Ratnopatti, Near Sahu Chowk, Post Office-Shubhankarpur, Police Station- Darbhanga Town, District- Darbhanga, Proprietor- Sanjivani Industries, situated at Industrial Area, Bela, District- Darbhanga, Bihar.

... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Food and Consumer Protection Department, State of Bihar, Patna. 2.

The Bihar State Civil Supplies Corporation Ltd., through its Managing Director, Khadya Bhawan, Patna, Bihar.

3.

The District Collector, District- Darbhanga.

4.

The District Manager, Bihar State Food and Civil Supply Corporation LTD, Darbhanga.

5.

The Certificate Officer, District- Darbhanga. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Mohan Mishra, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.

2. The present writ petition has been filed, challenging the final order passed under Section 10 of the Bihar and Orissa Public Demand and Recovery Act, 1914.

3. Having regard to the fact that the petitioner is having a statutory remedy of filing an appeal under Section 60 of the Act, this Court is not inclined to entertain the present writ petition.

4. The petitioner is directed to file an appeal under

Patna High Court CWJC No.19075 of 2021(16) dt.03-04-2025 2/2 Section 60 of the Act within a period of four weeks from today.

5. On such appeal when filed, the authorities are directed to entertain the same and pass necessary order in accordance with law without reference to the delay or period of limitation in availing the remedy.

6. The petitioner is free to agitate and raise all issues / doubts before the appellate authority and the same shall considered and necessary order shall be passed on merit.

7. With the aforesaid direction, the writ petition stands disposed of.

8. Learned counsel for the petitioner states that he has not been heard by the Court and the order is passed. (A. Abhishek Reddy, J) Shahnawaz/- U T