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Ashutosh Kumar vs The State Of Bihar
2022 Latest Caselaw 1648 Patna

Citation : 2022 Latest Caselaw 1648 Patna
Judgement Date : 8 March, 2022

Patna High Court
Ashutosh Kumar vs The State Of Bihar on 8 March, 2022
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6980 of 2021
     ======================================================

Reshmi Singh, W/o Anil Kumar Singh, Resident of Mohalla - Bypass Road, Ward No. 36, Gulabbagh, P.S. - Gulabbagh, District- Purnea.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Agriculture Department, Government of Bihar, New Secretariat, Patna.

2. The Administrator, Agriculture Market Committee, (Dissolve), Patna Bhawan, Bailey Road, Patna.

3. The Agriculture Produce Market Committee, Gulabbagh Purnea through SOD-cum-Special Officer, Sadar, Purnea.

4. The Sub-Divisional Officer-cum-Special Officer, Purnea.

... ... Respondent/s

====================================================== with

Civil Writ Jurisdiction Case No. 7541 of 2020

====================================================== Ashutosh Kumar, S/o Sri Ram Rai, Resident of Village- City Road, Hansda, P.S. Sadar, District Purnea.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Agriculture Department, Government of Bihar, New Secretariat, Patna.

2. The Administration, Agriculture Market Committee (Dissolve), Ram Bhawan, Bailey Road, Patna.

3. The Agriculture Produce Market Committee, Gulabbagh Purnea through SDO cum Special Officer, Sadar, Purnea.

4. The Sub- Divisional Officer-cum- Special Officer, Purnea.

... ... Respondent/s

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

(In Civil Writ Jurisdiction Case No. 6980 of 2021) For the Petitioner/s : Mr. Vijay Anand, Advocate For the Respondent/s : Mr.Raghwanand (GA11) (In Civil Writ Jurisdiction Case No. 7541 of 2020) For the Petitioner/s : Mr.Vijay Anand, Advocate Patna High Court CWJC No.6980 of 2021 dt.08-03-2022

For the Respondent/s : Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 08-03-2022

The petitioner in CWJC No. 6980 of 2021 has prayed

for the following relief/s :-

Patna High Court CWJC No.6980 of 2021 dt.08-03-2022

The petitioner in CWJC No. 7541of 2020 has prayed

for the following relief/s :-

Patna High Court CWJC No.6980 of 2021 dt.08-03-2022

Patna High Court CWJC No.6980 of 2021 dt.08-03-2022

After the matter was heard for some time, finding

the Bench not to be agreeable with the submissions made by

learned counsel for the petitioners, learned counsel for the

petitioners, under instructions, states that petitioners will be

content if a direction is issued to the authority concerned to

consider and decide the representation which the petitioners

will be filing within a period of four weeks from today for

redressal of the grievance(s).

Learned counsel for the respondents states that if Patna High Court CWJC No.6980 of 2021 dt.08-03-2022

such a representation is filed by the petitioners, the authority

concerned shall consider and dispose it of expeditiously and

preferably within a period of four months from the date of its

filing along with a copy of this order.

Statement accepted and taken on record.

As such, both the petitions stand disposed of on the

following terms:-

(a) Petitioners will approach the authority

concerned within a period of four weeks from today by filing a

representation for redressal of the grievance(s);

(b) The authority concerned shall consider and

dispose it of expeditiously by a reasoned and speaking order

preferably within a period of three months from the date of its

filing along with a copy of this order;

(c) The order assigning reasons shall be

communicated to the petitioners;

(d) Needless to add, while considering such

representations, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

(e) Also, opportunity to place on record all relevant

materials/documents shall be granted to the parties;

(f) Equally, liberty is reserved to the petitioners to Patna High Court CWJC No.6980 of 2021 dt.08-03-2022

take recourse to such alternative remedies as are otherwise

available in accordance with law;

(g) We are hopeful that as and when petitioners take

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;

(h) Liberty reserved to the petitioners to approach

the appropriate forum/Court, should the need so arise

subsequently on the same and subsequent cause of action;

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

All issues are left open;

Both the petitions stand disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, stands disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J)

Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 11.03.2022 Transmission Date

 
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