Disposed

Amar Rai v. The State of Bihar

Patna HC16 Aug 2021CWJC/6642/2020

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna disposed of a writ petition wherein the petitioner was aggrieved by an order directing an FIR. The court held that a statutory remedy of appeal exists under Section 7 of the Bihar Right to Public Grievance Redressal Act, 2015. The writ is disposed of pending a proper appeal.

What did the court decide?

The writ application is disposed of directing the petitioner to file a proper appeal before the Appellate Authority within two weeks and the Appellate Authority to decide it within one month.

Amar Rai Vs The State of Bihar — Patna HC (2021) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6642 of 2020

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Amar Rai Son of Late Shaligram Rai Resident of Village- Orap, P.O.Pasahar, P.S.- Itarhi, District- Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the District Public Grievance Redressal Officer, Collectorate, Buxar.

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The District Public Grievance Redressal Officer Collectorate, Buxar.

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The District Co-operative Officer Buxar, District- Buxar.

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The Principal Secretary Co-operative Department, Bihar, Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Binod Bihari Sinha, Advocate For the Respondent/s : Mr. Ravi Bhardwaj, AC to GA-13 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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3 16-08-2021

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Heard Mr. Binod Bihari Sinha, learned counsel for

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the petitioner and Mr. Ravi Bhardwaj, learned AC to GA-13 for the State through video conferencing.

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The petitioner is aggrieved by the impugned order dated 28.10.2019 at Annexure-2 by which the District Public Grievance Redressal Officer, Buxar, has directed for lodging an FIR against the petitioner and all the members of the Managing Committee of the Narayanpur PACS.

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Learned counsel for the petitioner submits that the impugned order at Annexure-2 has been passed in violation of principle of natural justice behind the back of the petitioner. He further submits that petitioner is a Member of Managing

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Patna High Court CWJC No.6642 of 2020(3) dt.16-08-2021 2/2

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Committee and impugned order has been passed without serving a notice giving him opportunity to submit his show cause.

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On the other hand, learned counsel for the State submits that under Section 7 of the Bihar Right to Public Grievance Redressal Act, 2015, the petitioner can prefer an appeal before the Appellate Authority.

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Having heard learned counsel for the parties and in view of the fact that the petitioner has got remedy of appeal before the Appellate Authority, accordingly, petitioner is permitted to file a proper appeal before the Appellate Authority within a period of two weeks from today and if such an appeal is filed, the Appellate Authority is directed to dispose the same in accordance with law within a period of one month.

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With aforesaid observation and direction, this writ application is disposed of.

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(Anil Kumar Sinha, J)

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S.Ali/-

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Amar Rai v. The State of Bihar

Case brief

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Amar Rai v. The State of Bihar

Case brief

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