Ram Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.443 of 2014 ====================================================== Ram Prasad Yadav, son of Late Mahanthi Yadav, resident of village Chandpipar, P.S. Kishanpur, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Supaul

3. The Sub-Divisional Magistrate, Supaul

4. The Block Development Officer-cum-Block Supply Officer, Saraigarh Bhaptiyahi, District- Supaul.

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

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. Raj Nandan Prasad (Sc9) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-02-2015 By filing the present application under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 9th January, 2014 passed by the respondent District Magistrate, Supaul by which he has refused to release the food grains in favour of the petitioner and directed the SubDivisional Officer to sell the seized items in open market and deposit the money in the Treasury through challan. The said order has been passed in exercise of power conferred under section 6A of the Essential Commodities Act, 1955.

The impugned order dated 9th January, 2014 is appealable.

In view of availability of statutory remedy of appeal

Patna High Court Cr. WJC No.443 of 2014 (2) dt.02-02-2015 2/2 under section 6C of the Essential Commodities Act, 1955, I am not inclined to entertain the present application. Accordingly, the writ petition is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T