Allowed

Shivballabh Yadav v. The State of Bihar

Patna HC24 Feb 2020CWJC/2252/2020

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What is this about?

The Patna High Court disposed of a writ petition on the petitioner's withdrawal, granting liberty to file an appeal under the Essential Communities Act, 1955, within four weeks, directing the appellate authority to decide on merits within eight weeks, and promising expeditious handling of any application for food-grain release.

What did the court decide?

The writ petition was disposed of with liberty to file an appeal under Section 6-C of the Essential Communities Act, 1955 within four weeks.

Shivballabh Yadav Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2252 of 2020

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Shivballabh Yadav Son of Late Thakur Yadav Resident of VillageBinowagram, Laljee Mandal Tola, Ward No. 8, Police Station- Jankinagar, District- Purnea.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the District Magistrate, Purnea.

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The District Magistrate, Purnea.

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The Superintendent of Police Purnea.

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The S.D.O. Purnea.

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The District Supply Officer Purnea.

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The Block Supply Officer Banmankhi, Purnea.

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The S.H.O. Jankinagar Purnea.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Surya Narayan Yadav For the Respondent/s : Mr.S. Raza Ahmad ( Aag5 )

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 24-02-2020 After some arguments, the learned counsel for the petitioner seeks to withdraw the present writ petition with liberty to challenge the order dated 12.7.2019 passed by the Collector, Purnea by way of filing an appeal under Section 6-C of the Essential Communities Act, 1955.

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Having regard to the limited prayer made by the petitioner herein, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioner to approach the appellate authority by filing appropriate appeal and in case, such an appeal is filed within a period of four weeks from today,

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Patna High Court CWJC No.2252 of 2020(2) dt.24-02-2020 2/2

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the appellate authority shall dispose of the same on merits within a period of eight weeks thereafter, subject to the petitioner cooperating in the appeal proceedings.

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It goes without saying that in case, the petitioner files appropriate application for release of the food-grains, the same would be considered and disposed of expeditiously, preferably within a period of two weeks of filing of such an application.

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The writ petition stands disposed of on the aforesaid

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terms.

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(Mohit Kumar Shah, J)

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Ajay/-

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Shivballabh Yadav v. The State of Bihar

Case brief

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Shivballabh Yadav v. The State of Bihar

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