Arvind Kant Poddar v. Food Corporaton Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2257 of 2017 • Arvind Kant Poddar S/o Shri Jagdev Lal Poddar, Aged About 62 Years R/o 115, Trimurthi Chowk, Sunder Nagar, Raipur, District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. Food Corporation of India Through : Its Manager Vigilance For Area Manager Vidhan Sabha Road, Kapa, Raipur, District Raipur (Chhattisgarh)

2. General Manager (R) Regional Office, Vidhan Sabha Marg Pandri, Post Pandri, Raipur (Chhattisgarh)

3. Union Of India, Ministry Of Food & Civil Supply New Delhi ---- Respondents For Petitioner Shri V. K. Sharma, Advocate For Respondent Nos.1 & 2 Shri B. P. Gupta, Advocate For Respondent No.3 Shri R. K. Gupta, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/05/2017 1.

Heard learned counsel for the parties.

2.

Shri B. P. Gupta, learned counsel for the respondent FCI appearing on advance notice would submit that even in the impugned order itself, the petitioner has been informed that the order is appealable before the Executive Director (W), Food Corporation of India, Mumbai, yet the petitioner has preferred this writ petition without availing the statutory remedy of appeal.

3.

At this stage, Shri Sharma, learned counsel for the petitioner would submit that the petitioner may be permitted to prefer an appeal within 30 days.

4.

In view of the statement made, the writ petition is disposed of with direction that in the event, the petitioner prefers an appeal before the Appellate Authority within a period of 30 days from today, the Appellate Authority shall consider and decide the same on merits without raising the objection as to the limitation, within 6 months from the date of submission of appeal.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala