Petitioner challenged pendency of claim for ACP/MACP Scheme benefits. Court held that pendency cannot be questioned and directed respondent to decide expeditiously via reasoned order within three months.
Directed respondent no.2 to decide petitioner's pending claim expeditiously via reasoned and speaking order within three months.
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.13643 of 2021
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Uday Shankar Singh, son of Late Awadh Narayan Singh, Resident of Flat No. 24th, 5 Pachmi Anandpuri Mandir Marg, P.O.-G.P.O., Patna, P.S.-S.K. Puri, District-Patna.
... ... Petitioner/s
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Yogesh Kumar, Advocate For the Respondent/s : Mr.Alok Ranjan, AC to AAG5
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 02-09-2022 Today being Friday, matters are being taken up
through virtual mode, as per current procedure for hearing.
The petitioner’s claim for benefit under ACP/MACP Scheme, made before the Sub Divisional Officer, Bettiah Sadar, is pending consideration. Annexure-5 is a copy of the same.
The learned State Counsel submits that if the application is pending then the fact that it has to be considered and reasoned and speaking order passed cannot be made an issue.
Patna High Court CWJC No.13643 of 2021(2) dt.02-09-2022 2/2
The petitioner’s application has duly been forwarded by Annexure-6 to the Department under communication dated 01.12.2020 bearing memo no.622.
In view of the stand of the rival parties and the limited prayer today, pendency of the writ petition would be futile.
Therefore, the writ petition is disposed of with a direction to respondent no.2 to take a decision on the petitioner’s pending claim expeditiously by a reasoned and speaking order in accordance with law. The entire exercise, including grant of benefits found due and admissible, should be completed within three months from the date of receipt/production of a copy of this order.
(Madhuresh Prasad, J)
shashank/-
U
3 issues framed by the court
Whether a writ petition can be disposed of petiton pending consideration of a benefit claim under ACP/MACP Scheme.
Whether the department is directed to pass a reasoned and speaking order on the pending claim within three months.
Whether the petitioner is entitled to the benefits found due and admissible under ACP/MACP Scheme.
Colour shows how this judgement treated each authority
Patna High Court CWJC No.13643 of 2021(2) dt.02-09-2022Referred¶21
1 provisions across 1 enactments
Uday Shankar Singh
The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar
The Joint Secretary, Food and Consumer Protection Department, Government of Bihar
The Special Officer on duty, Food and Consumer Protection Department, Bihar
The District Magistrate, West Champaran, Bettiah
The Sub Divisional Officer, Bettiah Sadar, Bettiah
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
