Kapil Dev Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14034 of 2024 ====================================================== Kapil Dev Prasad, Son of Late- Vishwa Nath Shah, Resident of VillageBadiha, P.O.- Shankarpur, P.S.- Indrapuri, District- Rohtas. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Rohtas.

3.

The Sub Divisional Officer, Dehri, Rohtas.

4.

The Block Supply Officer, Dehri, Rohtas.

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Adv.

Mr.Kumar Rajdeep, Adv.

For the Respondent/s :

Mr.Standing Counsel 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 19-02-2025 Heard the parties.

2. The present writ petition is filed for the following relief(s):- "a. For issuance of a writ in the nature of Certiorari for direction to the Respondent 2 & 3 Dehri, Rohtas to immediately issue an order for the removal of damaged 182 bags of wheat and rice which have now unfit for human consumption and is lying with the petitioner which is decaying day by day and shall be be removed at earliest.

b. A mandamus commanding the Respondent No.3 (The Sub Divisional Officer, Dehri, Rohtas at Chapra) for the

Patna High Court CWJC No.14034 of 2024(2) dt.19-02-2025 2/3 removal of 182 bags of foodgrains which is lying with the petitioner and is decaying day by day, shall be removed at earliest.

c. For issuance of any other relief or relief(s) for which the petitioner is entitled in the fact and circumstances of the present case may be granted to him."

3. Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the parties. Having regard to the facts that the petitioner has already made representations dated 13.09.2022 and 16.06.2023 (Anneaxures P/5 and P/6 of the present writ petition) ventilating his grievance before the Block Supply Officer, Dehri, Rohtas (Respondent No. 4) and the Sub-Divisional Officer, Dehri Rohtas (Respondent No.3) respectively. The present writ petition is disposed of directing the Sub-Divisional Officer, Dehri, Rohtas (Respondent No. 3) to consider the said representations made by the petitioner strictly in accordance with law as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order.

4. It is needless to mention that before passing any order the petitioner shall be given an opportunity of hearing. Any order passed shall be communicated to the petitioner.

Patna High Court CWJC No.14034 of 2024(2) dt.19-02-2025 3/3

5. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U