Patna High Court
Sharwan Choudhary vs The State Of Bihar on 3 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19912 of 2021
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Sharwan Choudhary, S/o Mishri Choudhary, Resident of Village - Amawan,
Panchayat - Amawan, Block - Asthawan, P.S. - Bind, District - Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Food and Consumer
Protection, Government of Bihar, Patna.
2. The Collector, Nalanda at Biharsharif.
3. The Sub Divisional Officer, Biharsharif.
4. The District Supply Officer, Biharsharif.
5. The Block Supply Officer, Islampur, Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dhananjaya Nath Tiwari, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (SC-4)
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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 by Hon'ble the Chief
Justice/ Hon'ble Judges through Video Conferencing from their residential
offices/residences. Also, the Advocates and the Staffs joined the proceedings
through Video Conferencing from their residences/offices.)
Date : 03-02-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s).
Patna High Court CWJC No.19912 of 2021 dt.03-02-2022
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 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
Patna High Court CWJC No.19912 of 2021 dt.03-02-2022
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 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
Patna High Court CWJC No.19912 of 2021 dt.03-02-2022
all issues are left open;
(j) 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)
Rajiv/veena-
AFR/NAFR
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