Mohan Prasad vs The State Of Bihar
2021 Latest Caselaw 5422 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6684 of 2020
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Mohan Prasad son of Late Narayan Sah @ Narayan Prasad Resident of Mohalla Areraj Nagar Panchayat, Ward No. 13, P.s.- Areraj, District- East Champaran

... ... Petitioner/s Versus

1. The State of Bihar

2. The Commissioner, Tirhut Division, Muzaffarpur, Bihar

3. The Collector, East Champaran, Motihari

4. The Sub Divisional Officer, Areraj, East Champaran,

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

For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate For the Respondent/s : Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-11-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.6684 of 2020 dt.23-11-2021

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 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 Patna High Court CWJC No.6684 of 2020 dt.23-11-2021

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;

(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, if required and desired.

The instant petition sands disposed of in the Patna High Court CWJC No.6684 of 2020 dt.23-11-2021

aforesaid terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 26.11.2021 Transmission Date