Savitri Devi vs The State Of Bihar
2021 Latest Caselaw 5454 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5508 of 2020
     ======================================================

Savitri Devi, W/o Late Lalkeshwar Ram, Resident of Village- Marui Tola Sabda, P.S. Roh, District- Nawada.

... ... Petitioner/s Versus

1. The State of Bihar through its the Principal Secretary, food and Consumer Protection Department Government of Bihar, Old Secretariat, Patna- 800015.

2. The District Magistrate, Nawada.

3. The Assistant District Supply Officer, Rajauli, Nawada.

4. The Sub Divisional Officer, Rajauli, Nawada.

5. The District Supply Officer, Nawada.

6. The Block Development Officer, Roh, Nawada.

7. The Block Supply Officer, Roh, Nawada.

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

For the Petitioner/s : Mr. N.K.Agrawal, Sr. Advocate Mr.Krishna Deo Raj, Advocate For the Respondent/s : Mr. Arvind Ujjwal, SC 4 Mr. U.P.Singh, Ac to SC 4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-11-2021

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.5508 of 2020 dt.23-11-2021

We are in agreement with the submissions made by

Shri N.K.Agrawal, learned senior counsel appearing for the

petitioner that three days period to respond to the show cause in

terms of notice dated 12.09.2016, Annexure-3 Page 19, was

insufficient for the petitioner to respond thereto, enable, for

placing on record material in support of her case. We notice that

the appellate authority has not dealt with this aspect in its order

while dismissing the petitioner's appeal in terms of order dated

11.08.2018 passed in Case No. 224(M) 2016.

As such, on this short ground alone, we quash and set

aside the order dated 11.08.2018 passed by the District

Magistrate, Nawada as also the communication dated

13.08.2018 passed by the appropriate authority (Annexure-9)

remanding the matter back to the officer concerned for passing a

fresh order in accordance with law.

Patna High Court CWJC No.5508 of 2020 dt.23-11-2021

Since the matter pertains to the year 2016, petitioner

shall appear before the appropriate authority on 14.12.2021, on

which date, she shall also file a detailed response and place on

record materials in support of her case.

The appropriate authority shall pass a fresh order

assigning reasons within a period of four weeks thereafter.

Liberty reserved to assail the same, should the need arise.

In the meanwhile, status quo, as on date, shall be

maintained.

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

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