Remanded

Ram Bali Paswan v. The State of Bihar and Ors.

Patna HC25 Jul 2019CWJC/4926/2019

Case brief

AI extract

What is this about?

This court allowed the writ petition only to direct the petitioner to file an appeal under the Bihar Targeted P.D.S. (Control) Order, 2016, recognizing the statutory remedy available instead of examining merits. If the appeal is filed within 30 days, limitation issues will be resolved favorably. (Rajeev Ranjan Prasad, J)

What did the court decide?

Petitioner directed to file appeal under Bihar Targeted P.D.S. (Control) Order, 2016 within 30 days; writ jurisdiction not exercised on merits.

Ram Bali Paswan Vs The State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4926 of 2019

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Ram Bali Paswan S/o Laxman Paswan R/o Village - Lodipur, (Nagar Panchayat Bank), Police Station - Maner, District - Patna

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... ... Petitioner

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Versus

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The State of Bihar Through the Principal Secretary, Food and Consumer Protection Department,Old Secretariat, Bihar, Patna

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The District Magistrate, Patna

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The Sub-divisional Officer, Danapur, Patna

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The Block Supply Officer, Maner, Patna

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Mukul Prasad, Advocate For the Respondent/s : Mr. U. P. Singh, AC to SC 4

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 25-07-2019

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Heard learned counsel for the petitioner and learned

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counsel representing the State.

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The impugned order has been passed by the SubDivisional Officer, Danapur, Patna. No procedural illegality in the decision making process has been brought to the notice of this Court.

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Learned counsel for the State submits that the impugned order being a reasoned order and the petitioner having a remedy of statutory appeal against the same, has no reason to invoke the writ jurisdiction of this Court.

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Upon consideration of the submissions of learned counsel for the parties, this Court finds that on the face of the

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Patna High Court CWJC No.4926 of 2019(2) dt.25-07-2019 2/2

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alternative remedy available to the petitioner, this Court need not go into the merit of the contentions. The petitioner, if so advised, may avail his remedy of appeal before the statutory authority in terms of the provisions of the Bihar Targeted P.D.S. (Control) Order, 2016 within a period of 30 days from today.

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If such an application is preferred within the stipulated period, the same will be considered on its own merit and in case a question of limitation arises, the same will be considered keeping in mind that the petitioner was pursuing his remedy before this Court. All contentions are left open for the petitioner.

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(Rajeev Ranjan Prasad, J)

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avin/-

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Ram Bali Paswan v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ram Bali Paswan v. The State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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