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Patna High CourtCWJC/17598/2018allowed

Hemaraj Prasad v. The State Of Bihar And ORS

2018-09-17Mr. Justice Mohit Kumar Shah1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17598 of 2018 =========================================================== Hemaraj Prasad Son of Sri Bhagwan Shankar Prasad Resident of 79 Barwa Village Bariyarava P.S. Bagha, West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Food and Civil Supply Department, Bihar, Patna.

2. The District Magistrate West Champaran, Bettiah.

3. The Sub Divisional Officer, Bagha, West Champaran, Bettiah. .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the Respondent/s : Mr. S. Raza Ahmad- AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date: 17-09-2018 1.

The present petition has been filed for quashing of the order dated 19.04.2017 by the S.D.O. Bagha on the ground that the final order has been passed after granting opportunity of merely 03 days for filing the show cause reply.

2.

This Court finds that three days' time granted to the petitioner to file show cause is thoroughly insufficient, hence the order dated 19.04.2017 passed by the S.D.O. Bagha is quashed with liberty to the S.D.O. Bagha to proceed further in accordance with law. 3.

The writ petition is allowed.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date19.09.2018 Transmission Date NA