Shiv Chandra Baitha vs The State Of Bihar Through Its ...
2022 Latest Caselaw 497 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.14397 of 2021
     ======================================================

Shiv Chandra Baitha Son of Late Ram Ayodhya Baitha Resident of Village - Ruphara, P.S. Dhaka, District- East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar Through its Principal Secretary, Food and Consumer Protection Deptt. Govt. of Bihar, Patna.

2. The District magistrate Cum Collector, East Champaran, Motihari.

3. The District Supply Officer, East Champaran, Motihari.

4. The Sub Divisional Officer, Sikrahna at Dhaka, District East Champaran, Motihari.

5. The Block Supply Officer, Chiraiya, District- East Champaran, Motihari.

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

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate

For the Respondent/s : Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (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 : 19-01-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.14397 of 2021 dt.19-01-2022

Learned counsel for the petitioner states that

petitioner's appeal is pending before the appellate authority

and petitioner shall be content if a direction is issued for

expeditious disposal of the same.

Learned counsel for the respondents states that the

appeal shall be considered and decided within a period of three

months from the date of appearance of the petitioner before the Patna High Court CWJC No.14397 of 2021 dt.19-01-2022

Appellate Authority along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the

following terms:-

(a) Petitioner shall make himself available before

the Appellate Authority on 16th of February, 2022;

(b) 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 three months from the

date of appearance of the petitioner before the Appellate

Authority;

(g) Copy of the order passed by the Appellate

Authority shall 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;

Patna High Court CWJC No.14397 of 2021 dt.19-01-2022

(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 all issues are left open;

(j) Liberty reserved to the petitioner to assail the

order, before the appropriate forum, should the need so arise

subsequently.

The instant petition sands disposed of in the

aforesaid terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

(S. Kumar, J) Sujit/-

AFR/NAFR
CAV DATE
Uploading Date          21.01.2022
Transmission Date