Patna High Court
Md. Suleman Alias Suleman Rain vs The State Of Bihar on 31 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18432 of 2021
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Md. Suleman alias Suleman Rain, S/o Late Noor Mohammad alias Nur
Mohammad Rain, Resident of Village and Post -Bauram, P.S.-Jamalpur,
Block-Gaura Bauram, District-Darbhanga, Pin 847203.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Food and Consumer
Protection Department, Bihar, Patna.
2. Additional Secretary, Food and Consumer Protection Department, Bihar,
Patna.
3. The Collector, Darbhanga.
4. The Licensing Ofifcer-cum-Sub Divisional Officer, Biraul, Darbhanga.
5. The Block Supply Officer, Gaura Bauram, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kaushalesh Choudhary, Advocate
For the Respondent/s : Mr. S Raza Ahmad, AAG-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
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(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.)
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Date : 31-01-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.18432 of 2021 dt.31-01-2022
Learned counsel for the petitioner states that he has
preferred an appeal in the year 2021 which is yet pending.
Since the appeal was not decided in accordance with law, he
filed an application seeking withdrawal of the appeal.
However, as on date, no order stands filed on the petition
seeking withdrawal of the appeal.
Learned counsel appearing on behalf of the State
Patna High Court CWJC No.18432 of 2021 dt.31-01-2022
states that the appeal itself shall be heard on merits, provided
the petitioner fully cooperates.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
mutually agreeable terms:-
(a) Petitioner shall make himself available before the
Appellate Authority on 14th of February, 2022 along with a
copy of this order;
(b) Opportunity shall be granted to the parties to
place on record all essential documents and materials, if so
required and desired;
(c) Petitioner through learned counsel undertakes to
fully cooperate and not take unnecessary adjournment;
(d) The Appellate Authority shall decide the appeal
on merits, in compliance of the principles of natural justice;
(e) The Appellate Authority shall pass a reasoned and
speaking order, within a period of six weeks from the date of
appearance of the petitioner before the Appellate Authority
along with a copy of this order;
(f) Copy of the reasoned and speaking order passed
by the Appellate Authority shall be supplied to the parties;
(g) Equally, liberty reserved to the parties to take
Patna High Court CWJC No.18432 of 2021 dt.31-01-2022
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) 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)
(S. Kumar, J)
Amrendra/PKP
AFR/NAFR
CAV DATE
Uploading Date 02.02.2022
Transmission Date
