Mahendra Choudhary vs The State Of Bihar
2021 Latest Caselaw 6377 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5556 of 2021
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Mahendra Choudhary Son of Late Thakai Choudhary Resident of Village- Chatra Beldarahi, P.S.- Khajauli, District- Madhubani

... ... Petitioner/s Versus

1. The State of Bihar Through the District Magistrate, Madhubani

2. The Sub-Divisional Officer, Sadar Madhubani, Madhubani District-

Madhubani

3. The Block Development Officer, Khajauli, Madhubani District- Madhubani

4. The Block Supply Officer, Khajauli, Madhubani District- Madhubani

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, 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 : 22-12-2021

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.5556 of 2021 dt.22-12-2021

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 an appeal

against the impugned order before the Appellate Authority.

Permission granted.

Learned counsel for the respondents states that if

such an appeal is preferred within a period of four weeks from

today, the issue of limitation, if any, shall neither be raised nor

allowed to come in the way of adjudication of the appeal 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 an appeal within

a period of four weeks from today;

(b) In the event of appeal being preferred within a

period of four weeks from today, the issue of limitation shall not

come in the way of adjudication of the appeal on merits;

(c) Opportunity shall be granted to the parties to

place on record all essential documents and materials, if so

required and desired;

Patna High Court CWJC No.5556 of 2021 dt.22-12-2021

(d) Petitioner through learned counsel undertakes to

fully cooperate and not take unnecessary adjournment;

(e) The Appellate Authority shall decide the appeal

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

(f) The Appellate Authority shall pass a reasoned and

speaking order, within a period of eight weeks from the date of

filing of the appeal;

(g) Copy of the reasoned and speaking order passed

by the Appellate Authority shall be supplied to the parties;

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

recourse to such other remedies as are otherwise available in

accordance with law;

(i) 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;

(j) We have not expressed any opinion on merits and

all issues are left open;

(k) 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.

Patna High Court CWJC No.5556 of 2021 dt.22-12-2021

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