Md. Badrul Hussain vs The State Of Bihar
2022 Latest Caselaw 728 Patna

Citation : 2022 Latest Caselaw 728 Patna
Judgement Date : 28 January, 2022

Patna High Court

Md. Badrul Hussain vs The State Of Bihar on 28 January, 2022

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.14632 of 2021

     ======================================================

Md. Badrul Hussain, Son of Sehat Ali, resident of Village-Malik Tola,

Surigaon, P.O. and P.S.-Baisi, District-Purnia.

... ... Petitioner/s Versus

1. The State of Bihar through Secretary, Food and Consumer Protection Deptt.

Govt. of Bihar, Patna.

2. The District Magistrate cum Collector, District-Purnia.

3. The District Supply Officer, District-Purnia.

4. The Sub-Divisional Officer, Baisi, District-Purnia.

5. The Anchaladhikari, Anchal-Baisi, District-Purnia.

6. The Block Supply Officer, Baisi, District-Purnia.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the Respondent/s : Mr. Arvind Ujjwal, SC-4 ====================================================== 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 : 28-01-2022

The petitioner has prayed for the following relief/s :- Patna High Court CWJC No.14632 of 2021 dt.28-01-2022

Patna High Court CWJC No.14632 of 2021 dt.28-01-2022

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

revision against the impugned order before the Revisional

Authority.

Permission granted.

Learned counsel for the respondents states that if

such revision is preferred within a period of four weeks

from today, the issue of limitation 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 terms:-

(a) Petitioner is permitted to prefer 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;

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 all issues are left open;

(j) If necessary, proceedings during the time of Patna High Court CWJC No.14632 of 2021 dt.28-01-2022

current Pandemic [Covid-19] would be conducted through

digital mode;