Patna High CourtCWJC/24421/2018dismissed

Md. Jalil @ Md. Jalil Miyan v. The State Of Bihar And ORS

2019-01-23Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24421 of 2018 ====================================================== Md. Jalil @ Md. Jalil Miyan Son of Chander Miyan. Residnet of ward no. 11 panapur, P.S. Harsiddhi District- East Champaran ... ... Petitioner

Versus

1. The State of Bihar through the Secretary Food and Civil Supply Government of Bihar, New Secretariat, Patna.

2. The District Magistrate East Champaran Motihari.

3. The Sub Divisional Officer Areraj East Chjamparan Motihari. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Ms. Neha Gupta, Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-01-2019 Filing of this kind of writ application in haste is not appreciated by this court.

It appears that the impugned order is dated 27.10.2018, against which even before filing of the statutory appeal the petitioner has filed the present writ application. In the writ application no statement has been made with regard to filing of the statutory appeal but learned counsel for the petitioner submits that one Interlocutory Application has been filed on 21st January 2019, in which a statement has been made that the petitioner has filed appeal vide Appeal No. 18/2018 before the District Magistrate, East Champaran, Motihari which is pending. The date of filing of the statutory appeal is not mentioned even in Interlocutory Application, a copy of which has been placed by learned counsel for the

Patna High Court CWJC No.24421 of 2018(2) dt.23-01-2019 2/2 petitioner before this court for assistance.

The statutory period for disposal of statutory appeal is 60 days, the petitioner has not made any statement that the said 60 days period has already expired from the date of filing of the appeal.

In the above said view of the matter, no direction can be issued in the present writ application.

This writ application is dismissed.

(Rajeev Ranjan Prasad, J) Rajeev/- U