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Patna High CourtL.P.A/1448/2018withdrawn

Md. Nayeem Khan v. The State Of Bihar And ORS

2020-01-21The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1448 of 2018 In Civil Writ Jurisdiction Case No.4002 of 2011 ====================================================== Md. Nayeem Khan, Son of Late Wazid Khan, Resident of Mohalla- Raushan Tola, Ward No.9, Nagar Panchayat Haveli Kharagpur, District- Munger. ... ... Appellant/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Munger.

3.

The S.D.O., Haveli Kharagpur, District- Munger. 4.

The Executive Officer, Nagar Panchayat, Haveli Kharagpur, Munger. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Binay Kumar For the Respondent/s :

Mr. Vikash Kumar, SC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-01-2020 The appellant has prayed to set aside the order dated 20.07.2018 passed by the learned Single Judge in CWJC No. It is not disputed before us, as urged by Mr. Vikash Kumar, learned counsel appearing on behalf of respondents, that appellant has an equally efficacious alternative remedy of preferring an appeal under the provisions of Bihar Contractor Registration Rules, 2007.

Learned counsel for the appellant states that appellant shall be content, if appellant is permitted to exhaust such

Patna High Court L.P.A No.1448 of 2018(3) dt.21-01-2020 2/2 remedy by filing a statutory appeal.

Mr. Vikash Kumar states that any such appeal preferred by the appellant shall be taken on record, heard and decided in accordance with law.

Further, issue of limitation shall not come in the way of the appellant, if, as mutually agreed upon, the appeal is preferred on or before 11.02.2020.

We only hope and expect the appropriate authority to consider and decide the appeal on its own merit and with reasonable dispatch.

Learned counsel for the parties undertake not to take any unnecessary adjournment in such proceedings. All issues are left open.

Accordingly, the present appeal stands disposed of reserving liberty aforesaid.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U