Md. Dinul Haque v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5751 of 2018 ====================================================== Md. Dinul Haque Son of Late Shekh Sami, Resident of at Indrapuri, P.O.- B.P.M.-7 Camp, P.S.- Sahayak Katihar, District- Katihar, 854106. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Director, Agriculture Department Government of Bihar, Patna. 3.

Joint Agriculture Director Extension Bihar, Patna. 4.

District Magistrate of Katihar.

5.

District Agriculture Officer Katihar.

6.

Block Agriculture Officer, Azamnagar Block, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad, Advocate For the Respondent/s :

Mr.Sarvesh Kr. Singh- AAG13 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-02-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the petitioner has filed the Interlocutory Application No. 1 of 2024 for making additional prayer at paragraph no.1 for quashing of order dated 25.01.2018 issued under Memo No. 239 passed by the District Agriculture Officer, Katihar (Annexure-P/11 to the interlocutory application) whereby the petitioner has been discharged/removed from the post of Kisan Salahkar in utter violation of law as well as facts of the case.

3. Learned counsel for the State has no objection in allowing the said interlocutory application.

Patna High Court CWJC No.5751 of 2018 dt.21-02-2024 2/2

4. In this background, Interlocutory Application No. 1 of 2024 stands allowed.

5. Learned counsel for the petitioner further submits that vide letter No. 2029 dated 12.04.2010 issued by the Department of Agriculture, Government of Bihar, the District Magistrate is the competent authority for removal of the petitioner. Therefore, the petitioner seeks permission of this Court to take remedy for redressal of his grievance before the Divisional Joint Director concerned.

6. Learned counsel for the State has no objection for the same.

7. In this background, this writ petition is disposed off directing the petitioner to avail his remedy before the Divisional Joint Director, Purnea within 30 days from the date of production of a copy of this order and the Divisional Joint Director concerned is directed to pass a reasonable and speaking order on the appeal of the petitioner within 90 days thereafter.

8. The delay, if any, in filing the appeal is directed to be condoned.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 22/02/2024 Transmission Date NA