Dharamraj Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 1149 of 2015 ====================================================== Dharamraj Singh son of Late Dhautal Singh resident of village Dabura Khurd, P.O. Aurangabad, P.S. Aurangabad District Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.
2. The District Magistrate- cum - Collector, Aurangabad.
3. The Circle Officer, Circle Aurangabad, District Aurangabad
4. The Commissioner, Magadh Division, Gaya .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr Raghunandan Kumar Singh, Advocate For the S t a t e : Mr Rishi Raj Sinha, SC XIX with Mr Akhilesh Kr. Sinha, AC to SC XIX ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-04-2018 Learned counsel for the petitioner is permitted to implead the Commissioner, Magadh Diviion, Gaya as partyrespondent. It is pointed out by the learned counsel for the State that before exercising the statutory remedy of appeal before the Commissioner, Magadh Division, Gaya, the petitioner has straightway come to this Court.
Being faced with such objection, the learned counsel for the petitioner seeks liberty to approach the Authority being the Commissioner, Magadh Division, Gaya by filing an appeal for its consideration.
Patna High Court CWJC No.1149 of 2015 (2) dt.10-04-2018 2/2 In view of such prayer, the writ application is disposed of with liberty to the petitioner to approach the Commissioner, Magadh Division, Gaya by filing an appeal against the order dated 20.10.2014 issued by the District Magistrate, Aurangabad whereby the major punishment has been imposed upon the petitioner.
It is made clear that in view of the objections raised by the respondent-State, this liberty is being granted. Hence, the technical issue of the appeal being barred by limitation shall not stand in the way of the Commissioner in disposing of the appeal on merit.
(Madhuresh Prasad, J) M.E.H./- U