Mohammad Siraj vs The State Of Bihar
2022 Latest Caselaw 75 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11432 of 2021
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Mohammad Siraj S/o Numavi Miyan R/o Vill.- Agarsanda, Post- Behara, P.S.- Agarsanda, District- Bhojpur.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Food and Public Distribution System, Patna, Bihar.

2. The District Magistrate Ara, Bhojpur.

3. The Sub- Divisional Officer Ara.

4. The Office of the Sub- Divisional Officer Ara, Bhojpur.

5. The Block Development Officer Garhani, Bhojpur.

6. The Union of India, through the Post Master General Patna, Bihar.

7. The Superintendent of General Post Office Ara, Bhojpur.

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

For the Petitioner/s : Mr. Rajendra Nath Sinha, 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)

Date : 04-01-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.11432 of 2021 dt.04-01-2022

Venting out his grievance, petitioner has already

approached the District Magistrate vide application sent

through registered post on 7th of January, 2021 (Annexure-3).

Shri S.Raza Ahmad, learned Additional Advocate

General No. 5 states that the District Magistrate shall examine

all issues including as to whether the petitioner's application

sent on 7th of January, 2021 through registered post was

received by the authority within the stipulated time or not and

also as to whether the petitioner was erroneously disqualified

and his name not included in the list of the applicants.

Statement accepted and taken on record.

As such, petition stands disposed of in the

following mutually agreeable terms:-

(a) Respondent No. 2 namely the District

Magistrate, Ara, Bhojpur shall positively consider and decide

the petitioner's application expeditiously by a reasoned and Patna High Court CWJC No.11432 of 2021 dt.04-01-2022

speaking order preferably within a period of four weeks from

the date of production of a copy of this order before him;

(b) Needless to add, while considering such

request, principles of natural justice shall be followed and

due opportunity of hearing afforded to the parties;

(c) Also, the reasoned and speaking order passed

by the appropriate authority shall be supplied to the parties;

(d) Equally, liberty is reserved to the petitioner to

take recourse to such alternative remedies as are otherwise

available in accordance with law;

(e) 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;

(g) Liberty reserved to the petitioner to challenge

the order before the appropriate forum, should the need so

arise subsequently;

(h) We have not expressed any opinion on merits.

All issues are left open;

The petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, stands Patna High Court CWJC No.11432 of 2021 dt.04-01-2022

disposed of.

(Sanjay Karol, CJ)

(S. Kumar, J) Amrendra/KC JHA

AFR/NAFR CAV DATE Uploading Date 07.01.2022 Transmission Date