Nasim Ansari vs The State Of Bihar
2022 Latest Caselaw 22 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8574 of 2021
     ======================================================

Nasim Ansari S/o Md. Jallauddin Ansari R/o At and P.O.- Bargon, P.S.- Nokha, District- Rohtas

... ... Petitioner/s Versus

1. The State of Bihar Bihar

2. The Principal Secretary, Food and Civil Supplies Department, Govt. of Bihar, Patna

3. The District Magistrate, Rohtas

4. The Sub Divisional Officer, Sasaram at Rohtas

5. The District Supply Officer, Rohtas

6. The Block Development Officer, Block- Nokha, District- Rohtas

7. Anil Kumar S/o Late Mahendra Prajapati, R/o Village- Bargon, P.O.-

Bargon, P.S.- Nokha, District- Rohtas

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

For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate For the Respondent/s : Mr. Arvind Ujjwal, SC-4 Mr. U.P. Singh, AC to SC-4 Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-01-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.8574 of 2021 dt.03-01-2022

Shri Arvind Ujjwal, learned Standing Counsel No.

4 invites are attention to the provisions of Rule 32 (vii) of the

Bihar Targeted Public Distribution System (Control) Order,

2016.

In view of the same, 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 Patna High Court CWJC No.8574 of 2021 dt.03-01-2022

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

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 six months 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 Patna High Court CWJC No.8574 of 2021 dt.03-01-2022

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, 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)

(Sanjeev Prakash Sharma, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 05.01.2022 Transmission Date