The Patna High Court dismissed the writ application for having a statutory remedy by way of appeal before the District Judge regarding a confiscation order, granting liberty to file the appeal considering the limitation period.
Writ application dismissed; liberty granted to petitioner to file statutory appeal before the District Judge.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22820 of 2018
====================================================== Sudhanshu Traders proprietor of the Amit Kumar @Amit Kumar Gupta, son of Dharmraj Sah, Resident of Village-Odar, Post-Odar, P.S.-Sonhan, District-Kaimur at Bhabua.
... ... Petitioner.
Versus 1.The State Of Bihar through the Secretary of Food and Supply Department, Bihar at Patna. 2.The Collector-cum-District Magistrate, Kaimur at Bhabua. 3.The District Manager, State Food Corporation, Kaimur at Bhabua. 4.The Assistant Go down in Charge Manager, State Food Corporation, Mahania, District-Kaimur at Bhabua. 5.The Sub-Divisional Officer, Mohania, District-Kaimur at Bhabua.
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kant Pandey, Adv. For the B.S.F.C : Mr. Sanjay Prasad, Adv. For the State : Mr.U.P.Singh, AC to SC 4. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 10-04-2019
As the petitioner has got a statutory remedy of appeal before the learned District Judge within whose jurisdiction the confiscation order has been passed, this Court finds no reason to entertain the present writ application.
The writ application is disposed of with liberty to the petitioner to seek his remedy of statutory appeal in accordance with law. If any question of limitation would arise, the same shall be considered keeping in mind that the petitioner was pursuing his remedy before this Court.
(Rajeev Ranjan Prasad, J)
R.R.Ojha/- U
Sudhanshu Traders proprietor of the Amit Kumar @Amit Kumar Gupta
The State Of Bihar through the Secretary of Food and Supply Department
The Collector-cum-District Magistrate, Kaimur
The District Manager, State Food Corporation, Kaimur
The Assistant Go down in Charge Manager, State Food Corporation, Mahania
The Sub-Divisional Officer, Mohania
Rajeev Ranjan Prasad
As recorded by the court registry
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