Disposed

Shekh Md. Shahabuddin v. The State Of Bihar and Ors.

Patna HC22 Apr 2019CWJC/2068/2019

Case brief

AI extract

What is this about?

The Court declined to exercise writ jurisdiction due to the availability of an alternative statutory remedy. The application was disposed of with liberty to file an appeal before the District Magistrate-cum-Collector within 30 days.

What did the court decide?

Liberty to prefer a statutory appeal before the District Magistrate-cum-Collector, West Champaran, within 30 days from the date of the order.

Shekh Md. Shahabuddin Vs The State Of Bihar and Ors. — Consumer Protection | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2068 of 2019

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Shekh Md. Shahabuddin Son of Late Shekh Md Fahimuddin Resident of Ward no 03 Sikta P.S. Lauria District West Champaran, Bihar

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Secretary Food and Civil Supply Government of Bihar New Secretariat Patna

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The District Magistrate West Champaran

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The Sub Divisional Officer, Narkatiyaganj West Champaran Bettiah

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Sanjeev Kumar Mishra For the Respondent/s : Mr.S.Raza Ahmad AAG 5 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 22-04-2019 After hearing learned counsel for the petitioner, as the Court is not willing to exercise its extraordinary writ jurisdiction because of availability of alternative statutory remedy of appeal to the petitioner, learned counsel for the petitioner submits that this writ application may be disposed of giving liberty to the petitioner to file an appropriate appeal in accordance with Bihar Targeted Public Distribution System (Control) Order, 2016 before the District Magistrate-cumCollector, West Champaran.

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Learned counsel for the State is present and has no objection to it.

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In the given facts and circumstance of the case, the writ application is disposed of with liberty to the petitioner to

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Patna High Court CWJC No.2068 of 2019(2) dt.22-04-2019 2/2

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prefer the statutory appeal within a period of 30 days from today before the District Magistrate-cum-Collector, West Champaran. If such an appeal is preferred within the prescribed period, the same will be considered on its own merit and in case a question of limitation arises for consideration, the same will be considered keeping in mind that the petitioner was pursuing his remedy before this Court.

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(Rajeev Ranjan Prasad, J)

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R.R.Ojha/-

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Shekh Md. Shahabuddin v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Shekh Md. Shahabuddin v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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