Baldev Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18362 of 2018 ====================================================== Baldev Prasad Son of Ramlakshan Mahto, resident of Village- Bhaluaha, Panchyat- Dhurdhura, Hanuman Nagar P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner.

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Bihar, Patna.

2.

The District Magistrate, Sitamarhi, District- Sitamarhi. 3.

The District Supply Officer, Sitamarhi, District- Sitamarhi. 4.

The Sub Divisional Officer Cum Licensing Authority, Sitamarhi Sadar, District- Sitamarhi.

5.

The Block Supply Officer, Bock- Sonbarsa, District- Sitamarhi. ... ... Respondents.

====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Chandra, Adv.

Mr. Amit Kumar, Adv.

For the Respondent/s :

Mr.S. Raza Ahmad- AAG5.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-12-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is that arbitrarily the respondents have taken adverse decision without compliance of principles of natural justice. He submitted that without serving the copy of inquiry report and without providing the opportunity of hearing to the petitioner the adverse report was submitted against the petitioner. Learned Counsel for the State submitted that petitioner has remedy to raise the issue of infirmity in the decision in the appeal.

Patna High Court CWJC No.18362 of 2018(3) dt.21-12-2019 2/2 Considering the aforesaid, the writ application is disposed of with liberty to the petitioner to prefer an appeal before the Collector within a period of one month from today. In case, such appeal is filed by the petitioner, the collector shall take final decision on the issue raised in the appeal within a period of three months from the date of filing of such appeal. (Anil Kumar Upadhyay, J) ravishankar/- U