The Patna High Court dismissed the writ petition in a matter concerning the Bihar Targeted PDS (Control) Order, directing the petitioner to file an appeal before the District Magistrate for factual determination.
Directions to file appeal before District Magistrate within 30 days; liberty granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4942 of 2019
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Rajesh Kumar Ram Son of Sri Bandhu Ram Resident of Village Saraiya Mishrain Tola Ward No. 14, P.O.- Saraiya Bazar, P.S. Paharpur, District- East Champaran.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar No.III, Advocate For the Respondent/s : Mr. AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
factual aspects of the matter. It cannot be done on the basis of mere affidavits. The petitioner has a remedy available in terms of the provisions of the Bihar Targeted P.D.S. (Control) Order, 2016 by filing an appropriate appeal before the District Magistrate concerned.
The writ application is being disposed of with liberty
Patna High Court CWJC No.4942 of 2019(2) dt.25-07-2019 2/2
to the petitioner to avail the statutory remedy of appeal before the District Magistrate, East Champaran at Motihari (respondent no. 5) within a period of 30 days from today.
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.
(Rajeev Ranjan Prasad, J)
avin/-
U
1 issue framed by the court
Whether the factual dispute in the writ petition requires determination on affidavits or if an alternative statutory remedy exists.
Rajesh Kumar Ram
State of Bihar
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
