Umesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16008 of 2023 ====================================================== Umesh Singh Son of Shiv Shankar Singh Resident of Sabalpur, P.O.- Dariyapur, Panchayat-Madhubani Dakshini, P.S.-Sangrampur, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Sugar Cane Industries Department, Government of Bihar, Patna.

2.

The Cane Commissioner, Sugar Cane Department, Government of Bihar, Patna.

3.

The Deputy Secretary, Sugar Cane Industrial Department, Government of Bihar, Patna.

4.

The Cane Officer, East Champaran, Motihari Cum Secretary, Regional Development Parishad, East Champaran.

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Adv.

For the Respondent/s :

Mr.Subhash Prasad Singh ( GA- 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For issuance of a writ in the nature of 'Certiorari' for quashing the part of order as contained in memo No.901 dated 31.07.2023 issued under the signature of the Cane Commissioner, Sugar Cane Department, Government of Bihar whereby the Revenue Thana No.176, Madhubani has been reserved/attached to Vishnu Sugar Mill, Gopalganj which is 80 Km away ignoring the representation of the petitioner and several effected villagers and people representatives by which it was requested to attach the Revenue Thana No.176 Madhubani with Sugauli Sugar Mill which is 35 Km away in the interest of the farmers of the area.

Patna High Court CWJC No.16008 of 2023(3) dt.02-07-2024 2/2 (ii) For directing the concerned authorities to examine the representations of the petitioner and several others and after taking into account the viability and the interest of the farmers to attach the Thana No.176 Madhubani with Sugauli Sugar Mill and also to open the Purchase Centre at Sabalpur, Madhubani Dakshini Panchayat, Block + P.S.- Sangrampur, District- East Champaran."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Principal Secretary, Sugarcane Industries Department, Government of Bihar, Patna, for the purposes of challenging the order dated 31.07.2023, passed by the Cane Commissioner, Sugarcane Industries Department, Government of Bihar, Patna, by filing appropriate appeal. Liberty so sought is granted.

3. It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, the Appellate Authority shall consider the same on merits without being impeded by the issue of limitation.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U