Citation : 2021 Latest Caselaw 6321 Patna
Judgement Date : 21 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5369 of 2021
======================================================
Ghanshyam Paswan S/o Sri Mahendra Paswan R/o Village Arwa, P.S. Bachhawara, District- Begusarai.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Old Secretariat, Patna.
2. The District Magistrate, Begusarai, District Begusarai.
3. The Sub- Divisional Officer, Teghra, District Begusarai.
4. The Block Supply Officer
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prem Prakash Poddar, Advocate For the Respondent/s : Mr. Lalit Kishore, AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.5369 of 2021 dt.21-12-2021
After the matter was heard for some time, learned
counsel appearing on behalf of the petitioner, under instructions,
states that petitioner may be permitted to prefer a revision
against the impugned order before the Revisional Authority.
Permission granted.
Learned counsel for the respondents states that if such
a revision is preferred within a period of four weeks from today,
the issue of limitation, if any, shall neither be raised nor allowed Patna High Court CWJC No.5369 of 2021 dt.21-12-2021
to come in the way of adjudication of the revision on merits.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
mutually agreeable terms:-
(a) Petitioner is permitted to prefer a revision within a
period of four weeks from today;
(b) In the event of revision being preferred within a
period of four weeks from today, the issue of limitation shall not
come in the way of adjudication of the revision on merits;
(c) Opportunity shall be granted to the parties to place
on record all essential documents and materials, if so required
and desired;
(d) Petitioner through learned counsel undertakes to
fully cooperate and not take unnecessary adjournment;
(e) The Revisional Authority shall decide the revision
on merits, in compliance of the principles of natural justice;
(f) The Revisional Authority shall pass a reasoned and
speaking order, within a period of eight weeks from the date of
filing of the revision, copy whereof be supplied to the parties;
(g) Equally, liberty reserved to the parties to take
recourse to such other remedies as are otherwise available in
accordance with law;
Patna High Court CWJC No.5369 of 2021 dt.21-12-2021
(h) We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch;
(i) We have not expressed any opinion on merits and
all issues are left open;
(j) Liberty reserved to the petitioner to challenge the
order, before the appropriate forum, if required and desired.
The instant petition sands disposed of in the aforesaid
terms.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 22.12.2021 Transmission Date
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