Vijay Kumar Yadav vs The State Of Bihar
2021 Latest Caselaw 6371 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.5678 of 2021
     ======================================================

Vijay Kumar Yadav Son of Late Jagdish Prasad Yadav Resident of village- Banthi, P.s.- Dhoraiya, district- Banka

... ... Petitioner/s Versus

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

2. The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna

3. The District Magistrate, Banka

4. The District Supply Officer, Banka

5. The Sub Divisional Officer, Banka, District- Banka

6. The Block Supply Officer, Dhoraiya, District- Banka

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Nath Jha, Advocate Mr. Chandra Shekhar Sharma, Advocate For the Respondent/s : Mr. S. Raza Ahmad, AAG-5 Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 22-12-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.5678 of 2021 dt.22-12-2021

Learned counsel for the petitioner states that appeal

assailing the order passed by the Sub Divisional

Officer/competent authority stands preferred before the

appropriate authority. Despite the time schedule prescribed

under the statute, the same has yet not been decided. He

further states that petitioner shall be content if a direction is

issued to the appropriate authority to consider and decide the

appeal expeditiously and preferably within the statutory

period.

State cannot have any objection to the same.

As such, petition stands disposed of in the Patna High Court CWJC No.5678 of 2021 dt.22-12-2021

following terms:-

(a) The Appellate Authority shall consider and

decide the appeal being Appeal No. 606 of 2020, within a

period of two moths from the date of production of a copy of

this order;

(b) Opportunity shall be granted to the parties to

place on record all essential documents and materials, if so

required and desired;

(c) Petitioner through learned counsel undertakes

to fully cooperate and not take unnecessary adjournment;

(d) The Appellate Authority shall decide the appeal

on merits, in compliance of the principles of natural justice;

(e) The Appellate Authority shall pass a reasoned

and speaking order, copy where be supplied to the parties;

(f) Equally, liberty reserved to the parties to take

recourse to such other remedies as are otherwise available in

accordance with law;

(g) 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;

(h) We have not expressed any opinion on merits Patna High Court CWJC No.5678 of 2021 dt.22-12-2021

and all issues are left open;

(i) Liberty reserved to the petitioner to assail the

order, before the appropriate forum, should the need so arise

subsequently.

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 23.12.2021 Transmission Date