Patna High Court
Shakti Kumar @ Sanjay Kumar vs The State Of Bihar on 4 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6722 of 2021
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1. Shakti Kumar @ Sanjay Kumar son of Sharwan Kumar Sahu resident of
English Ward No. 4, P.S. and District Lakhisarai Proprietor of Raj Krishi
Seva Kendra Vidyapeeth Chowk, Lakhisarai.
2. Ramashray Ram son of Ram Saran Ram resident of village English Ward
No. 3 P.S. and District Lakhisarai, Proprietor of M/S Raj Enterprises
Vidyapeeth Chowk Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Department of Food and
Civil Supply, Govt. of Bihar, Patna.
2. The District Magistrate Lakhisarai District Lakhisarai.
3. The Sub Divisional Officer, Lakhisarai, District Lakhisarai.
4. The Block Agriculture Officer, Lakhisarai District Lakhisarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar, 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 THE CHIEF JUSTICE)
Date : 04-01-2022
Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
Patna High Court CWJC No.6722 of 2021 dt.04-01-2022
After the matter was heard for some time, learned
counsel appearing on behalf of the petitioners, under
instructions, states that petitioners 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
merits.
Statement accepted and taken on record.
As such, petition stands disposed of in the
Patna High Court CWJC No.6722 of 2021 dt.04-01-2022
following mutually agreeable terms:-
(a) Petitioners 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) Petitioners 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 six months 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
recourse to such other remedies as are otherwise available in
accordance with law;
Patna High Court CWJC No.6722 of 2021 dt.04-01-2022
(i) We are hopeful that as and when petitioners take
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 petitioners 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)
Amrendra/KC Jha
AFR/NAFR
CAV DATE
Uploading Date 07.01.2022
Transmission Date
