Phurti Lal Ram Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Phurti Lal Ram Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with operative directions: petitioner to file a revision under Section 32(vi) of the Control Order 2016 before the Divisional Commissioner within four weeks; Divisional Commissioner to pass necessary orders strictly in accordance with law within four weeks of receipt, after putting all parties on notice and affording opportunity of hearing and submission of objections; entire exercise preferably completed within eight weeks; orders to be communicated to all parties.

Issue for consideration

Whether the High Court should adjudicate the merits of the petitioner's grievance or, in view of the existence of an alternative and efficacious statutory remedy, direct the petitioner to pursue a revision under Section 32(vi) of the Control Order 2016 before the Divisional Commissioner.

Court's answer

Without going into the merits or demerits of the case, and having regard to the petitioner's alternative and efficacious remedy, the writ petition is dealt with by directing the petitioner to approach the Divisional Commissioner to ventilate his grievance by way of a revision under Section 32(vi) of the Control Order 2016, within four weeks from receipt of a copy of this order.

Ratio / Principle

On receipt of the revision, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of four weeks thereof.

Key takeaways

Before any order is passed, all the parties shall be put on notice and given an opportunity of hearing and of submitting their objections; the entire exercise shall be completed as expeditiously as possible, preferably within a period of eight weeks.ratio¶¶17
Any order passed pursuant to the revision shall be communicated to all the parties.ratio¶¶17

Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No.10218 of 2022 (Phurti Lal Ram versus the State of Bihar through its Consumer Affairs/Food departments and the District Magistrate-cum-Collector, Sub-Divisional Officer (Supply), Assistant District Supply Officer and Block Supply Officer of Madhubani district), High Court of Judicature at Patna, oral order of A. Abhishek Reddy, J., dated 12.11.2024: without entering into the merits or demerits of the case, and having regard to the petitioner's alternative and efficacious remedy of filing a revision under Section 32(vi) of the Control Order 2016, the Court disposed of the writ petition, directing the petitioner to approach the Divisional Commissioner to ventilate his grievance within four weeks of receipt of a copy of the order; upon receipt of the revision the Divisional Commissioner was to pass necessary orders strictly in accordance with law within a further four weeks, after putting all parties on notice and affording them opportunity of hearing and submission of objections, the entire exercise preferably to be completed within eight weeks, and any order passed to be communicated to all the parties.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10218 of 2022

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Phurti Lal Ram S/o Puran Ram, R/o Village- Bhutha, P.S.- Ladania, DistrictMadhubani ... Petitioner

Versus

The State of Bihar through the Principal Secretary, Department of Consumer Affairs, Food and Public Distribution, Government of Bihar, Patna.

The State of Bihar through the Secretary, Department of Food and Consumer Protection Department, Government of Bihar, Patna.

The District Magistrate-cum- Collector, Madhubani.

The Sub- Divisional Officer, (Supply), Jaynagar, Madhubani.

Assistant District Supply Officer, Jainagar, Madhubani.

The Block Supply Officer (Marketing Officer), Block- Ladania, DistrictMadhubani. ... Respondents

====================================================== Appearance : For the Petitioner : M/s Dharmedra Kumar Paswan, Jai Prakash Singh, Amar Kumar & Deepshikha, Advs. For the Respondents : Mr. Anisul Haque, AC to AAG V

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

4 12-11-2024

Without going into the merits or demerits of the case, having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing a revision under Section 32(vi) of the Control Order 2016, the petitioner is directed to approach the Divisional Commissioner ventilating his grievance within a period of four weeks from the date of the receipt of a copy of this order. On receipt of the revision, the Divisional Commissioner shall pass necessary orders strictly in accordance with law within a period of four weeks thereof. It is needless to mention that before any order is passed, all the parties shall be put on notice and given an opportunity of

Patna High Court CWJC No.10218 of 2022(4) dt.12-11-2024 2/2

hearing and submit their objections. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks thereof. Any order passed shall be communicated to all the parties.

With the above said directions, the writ petition

stand disposed of .

(A. Abhishek Reddy , J)

Shamshad/-

U