Sita Ram Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 14946 of 2014 ====================================================== Sita Ram Thakur, son of late Heera Thakur, resident of village - Dhodhi, P.O.- Koshrawa, P.S.- Kudhani, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Tirhut Division, Muzaffarpur 3.

The District Magistrate, Muzaffarpur 4.

The Additional District Magistrate (Establishment), Muzaffarpur 5.

The Deputy Collector Land Reforms, Muzaffarpur (East), Muzaffarpur 6.

The Treasury Officer, Muzaffarpur 7.

The Circle officer, Mushari Circle, Distt- Muzaffarpur 8.

The Circle Officer, Motipur, Distt- Muzaffarpur 9.

The Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Ajey Kumar, Advocate For the S t a t e :

Mr Rajeev Shekhar, Advocate For the A G :

Mr Ram Kinker Choubey, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 15-10-2019 Heard learned counsel for the petitioner and the respondent-State.

Learned counsel for the petitioner submits that the petitioner would be availing the remedy of appeal before respondent No 2 within four weeks from today by filing his application challenging the order dated 31.07.2014 issued by the District Magistrate, Muzaffarpur.

If such application is filed within the stipulated period of four weeks, respondent No 2 shall consider the same and

Patna High Court CWJC No.14946 of 2014(4) dt.15-10-2019 2/2 dispose it of by reasoned and speaking order within a period of three months thereafter.

Writ petition is disposed of with the aforesaid directions.

As the learned State Counsel has taken objection regarding maintainability of instant writ petition because of available alternative remedy of appeal, this Court would observe that respondent No 2 shall consider and decide the petitioner's appeal without raising the issue of the same being barred by delay if it is submitted within four weeks from today. (Madhuresh Prasad, J) M.E.H./- U