Md. Mustafa Alam @ Md. Mustaq Alam vs The State Of Bihar
2021 Latest Caselaw 5423 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6651 of 2020
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Md. Mustafa Alam @ Md. Mustaq Alam S/o Md. Maizum Hassan of Village- Palrahi, P.O.- Pahariya, P.S.- Sonebarsa, District- Saharsa.

... ... Petitioner/s Versus

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

2. The District Magistrate cum Collector, Saharsa.

3. The Supply Officer, Saharsa.

4. The S.D.O. Sadar, Saharsa.

5. Deepak Kumar Son of Nirmal Yadav Resident of Village- Bhasti, P.O.

Parariya, P.S. Sonebarsa, District- Saharsa.

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

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Respondent/s : Mr. Arvid Ujjawal, 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.6651 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 Patna High Court CWJC No.6651 of 2020 dt.23-11-2021

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

place on record all essential documents and materials, if so

required and desired;

(d) Petitioner through learned counsel undertakes Patna High Court CWJC No.6651 of 2020 dt.23-11-2021

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

aforesaid terms.

Patna High Court CWJC No.6651 of 2020 dt.23-11-2021

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