Patna High Court
Amit Kumar Nayak vs The State Of Bihar on 12 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11476 of 2022
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Amit Kumar Nayak Son of Kamal Nayak, Resident of Village- Ward No. 12,
Nayak Tol, Jhanjharpur, Police Station- Jhanjharpur, Town, District-
Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Agriculture Department,
Govt. of Bihar, Patna.
2. The District Magistrate, Madhubani.
3. The Sub Divisional Officer cum Special Officer, Agriculture Produce
Market, Jhanjharpur, District- madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rana Sanjay Kumar Singh, Advocate
For the Respondent/s : Mr.Sarvesh Kr. Singh (AAG-13)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
(The proceedings of the Court are being conducted through Video
Conferencing and the Advocates joined the proceedings through Video
Conferencing from their residence.)
Date : 12-08-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.11476 of 2022 dt.12-08-2022
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
Patna High Court CWJC No.11476 of 2022 dt.12-08-2022
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;
(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
Patna High Court CWJC No.11476 of 2022 dt.12-08-2022
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.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/rajiv-
AFR/NAFR
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