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Patna High CourtCWJC/23384/2018disposed

Nisha Kumari @ Nisha Devi v. The State Of Bihar And ORS

2019-07-27Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23384 of 2018 ====================================================== Nisha Kumari @ Nisha Devi, W/o Sunny Patel, D/o Ambika Prasad, Resident of Village- Gandhi Nagar, Ward No.9, Ashram Road, Police Station- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary Food and Supply Department, Govt. of Bihar, Patna 3.

The Commissioner, Tirhut Division, Muzaffarpur 4.

The District Magistrate, East Champaran at Motihari 5.

The District Supply Officer District East Champaran at Motihari 6.

The Sub-Divisional Officer, Sub-Division Office, Raxaul, District- East Champaran at Motihari 7.

Sonu Kumar Srivastava, Son of Binod Kumar Srivastava, Resident of village- Ashram Road, Gandhi Nagar, Ward No. 9, Police Station- Raxaul, District- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Respondent/s :

Mr. A.C. to Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-07-2019 After some argument learned counsel for the petitioner seeks permission to file an appropriate appeal before the District Magistrate East Champaran, Motihari in terms of Clause 32 of the Bihar Targeted P.D.S. (Control) Order 2016. Learned counsel for the State has no objection to the same.

In the given facts and circumstances of the case, the writ application is being disposed of with liberty to the petitioner to file an appropriate appeal before the District

Patna High Court CWJC No.23384 of 2018(2) dt.27-07-2019 2/2 Magistrate, East Champaran, Motihari within a period of 30 days from today.

If such an appeal is preferred within the prescribed period the same shall be considered on its own merit and will be disposed of with reasoned order within the statutory period. In case any question of limitation arises, the same shall be considered keeping in mind that the petitioner was pursuing his remedy before this Court.

(Rajeev Ranjan Prasad, J) avin/- U