Urmila Devi vs The State Of Bihar
2021 Latest Caselaw 6380 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5429 of 2021
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Urmila Devi Wife of Shri Rajendra Tiwari @ Rajendra Prasad Tiwary Resident of Village- Shivpur, P.S.- Karaghar, District- Rohtas (Sasaram), At present residing at Village- Jagdishpur, P.S.- Kochas, District- Rohtas (Sasaram)

... ... Petitioner/s Versus

1. The State of Bihar Through Secretary, Food and Consumer Protection Department, Government of Bihar, Patna

2. The District Magistrate, Rohtas at Sasaram Rohtas at Sasaram

3. The Bihar State Food and Civil Supplies Corporation Ltd. Through its Managing Director, Bihar (Patna)

4. The District Manager State Food Corporation, Rohtas Rohtas (Sasaram)

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

For the Petitioner/s : Mr.Rajesh Kumar Mishra, Advocate For the Respondent/s : Mr.Lalit Kishore, A.G.

Mr. Shailendra Kumar Singh, Advocate Mr. Utkarsha Utpal, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 22-12-2021

Petitioner has prayed for the following relief(s):-

"For issuance of writ(s), Order(s), Direction(s), directing the Respondents not to take any Coercive action specially for auction of petitioner's property in view of the peculiar facts of the case.

And/Or

For issuance of other order(s), Director(s), which may deem fit and proper."

After the matter was heard for some time, learned Patna High Court CWJC No.5429 of 2021 dt.22-12-2021

counsel for the petitioner, under instructions, states that

petitioner shall be content if a direction is issued to the authority

concerned to consider and decide the representation which the

petitioner shall be filing afresh for redressal of the grievance(s).

Learned counsel for the respondents states that if such

a representation is filed by the petitioner, the authority

concerned shall consider and dispose it of expeditiously and

preferably within a period of three months from the date of its

filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following

terms:-

(a) Petitioner shall approach the authority concerned

by filing a representation for redressal of the grievance(s);

(b) The authority concerned shall consider and dispose

it of expeditiously by a reasoned and speaking order preferably

within a period of three months from the date of its filing along

with a copy of this order;

(c) Needless to add, while considering such

representation, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

Patna High Court CWJC No.5429 of 2021 dt.22-12-2021

(d) Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

(e) 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;

(f) Liberty reserved to the petitioner to approach the

Court, if the need so arises subsequently on the same and

subsequent cause of action;

(g) We have not expressed any opinion on merits of the

matter. All issues are left open;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 23.12.2021 Transmission Date