Bodh Narayan Das vs The State Of Bihar
2022 Latest Caselaw 551 Patna

Citation : 2022 Latest Caselaw 551 Patna
Judgement Date : 21 January, 2022

Patna High Court

Bodh Narayan Das vs The State Of Bihar on 21 January, 2022

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7100 of 2021
     ======================================================

Bodh Narayan Das S/o Parmeshwar Harijan R/o village-Dadpur, Police Station-Kharik, District-Bhagalpur

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Food and Consumer Protection Department, Govt.of Bihar, Patna

2. The Secretary, Food and Consumer Protection Department, Government of Bihar, Patna

3. The Districtf Magistrate, Bhagalpur

4. The District Supply Officer Bhagalpur

5. The Sub-Divisional Officer-cum-Licensing Authority, Naugachhiya, Bhagalpur

6. The Block Supply Officer Block-Kharik, Naugachhiya, Bhagalpur

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Respondent/s : Mr. Satya Prakash, Advocate Mr. Sharda Nand Mishra, Advocate ====================================================== 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 : 21-01-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.7100 of 2021 dt.21-01-2022

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.7100 of 2021 dt.21-01-2022

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;

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.7100 of 2021 dt.21-01-2022

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;