Sarfaraz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16141 of 2023 ====================================================== Sarfaraz Alam, S/o Mahboob Alam, Resident of Dahuwabari, P.O. - Bishanpur, P.S. - Kochadhaman, District - Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar, Old Secretariat, Patna. 2.

The District Magistrate-cum-Collector, Kishanganj. 3.

The Supply Inspector, Kishanganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjaya Nath Tiwari For the Respondent/s :

Mr.S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 02-12-2024 Having regard to the fact that the petitioner has an alternative and efficacious remedy of appeal under section 6(C) of the Essential Commodities Act, this Court is not inclined to entertain the present CWJC. Without going into the merits or demerits of the case, the present CWJC is disposed of with the consent of both the parties at the admission stage.

2. The present CWJC is disposed of granting liberty to the petitioner file a statutory appeal provided under the Act against the order 02.03.2021 (Annexure P/8) within a period of four weeks from today. On such appeal being filed, the appellate authority shall take the same on file and pass a reasoned orders duly adverting to the grounds raised by the petitioner. Needless to observe that the petitioner shall be granted an opportunity of

Patna High Court CWJC No.16141 of 2023(4) dt.02-12-2024 2/2 hearing before any orders are passed. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of the appeal. Any order passed shall be communicated to the party. The petitioner is free to raise all grounds in the memo of appeal and the same shall be dealt with in accordance with law on its own merits.

3. With the above observations, the CWJC stands disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U