Kapildev Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Kapildev Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to file a representation before the Principal Secretary within twelve weeks challenging the order of the Revisional/Appellate Authority and order of cancellation; the Principal Secretary to pass necessary orders strictly in accordance with law after notice and hearing, completing the exercise within twelve weeks of receipt of the representation and communicating the orders to the party.

Issue for consideration

Whether the writ petition should be entertained on merits when the petitioner has an alternative and effective remedy of filing a representation before the Principal Secretary under Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016.

Court's answer

Without going into the merits or demerits, the petitioner has an alternative and effective remedy of filing a representation before the Principal Secretary under Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the impugned order.

Ratio / Principle

The writ petition is disposed of granting liberty to the petitioner to file a representation before the Principal Secretary challenging the order of the Revisional/Appellate Authority and order of cancellation within a period of twelve weeks.

Key takeaways

On such representation being made, the Principal Secretary shall pass necessary orders strictly in accordance with law.ratio¶20
Before passing any orders on the representation, the petitioner shall be put on notice and given an opportunity of hearing.ratio¶21
The entire exercise on the representation shall be completed within a period of twelve weeks from the date of receipt of the representation, and any orders passed shall be communicated to the party.ratio

Detailed headnote1 paragraphs

Writ petition under Civil Writ Jurisdiction disposed of by the Patna High Court without entering into merits or demerits, on the ground that the petitioner had an alternative and effective remedy of filing a representation before the Principal Secretary under Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016 against the order of the Revisional/Appellate Authority and order of cancellation. Liberty granted to file such representation within twelve weeks; the Principal Secretary directed to pass necessary orders strictly in accordance with law, after putting the petitioner on notice and affording an opportunity of hearing, completing the exercise within twelve weeks from receipt of the representation and communicating the orders to the party.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12726 of 2023

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Kapildev Singh Son of Vaikunth Singh, Resident of village- Chetan Tola, Khutha, P.S. - Barahiya, District- Lakhisarai. ... Petitioner

Versus

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

The Divisional Commissioner, Munger.

The District Magistrate, Lakhisarai.

The Sub-Divisional Officer, Lakhisarai.

The District Supply Officer, Lakhisarai.

The Additional Collector (District Law Department), Lakhisarai.

Block Supply Officer, Barahiya, Lakhisarai. ... Respondents

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Appearance :

For the Petitioner : Mr.Manoj Kumar, Adv. For the Respondents : Mr. Anisul Haque, AC to AAG V ======================================================

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

7 24-10-2024 Heard the learned counsel for the parties.

Without going into the merits or demerits of the

case, having regard to the fact that the petitioner has an alternative and effective remedy of filing a representation before the Principal Secretary, under Rule 32 (vii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, against the impugned order. The present writ petition is disposed off granting liberty to the petitioner to file a representation before the Principal Secretary challenging the order of the Revisional/Appellate Authority and order of cancellation withing a period of twelve weeks from today. On such representation being made, the Principal Secretary shall pass

Patna High Court CWJC No.12726 of 2023(7) dt.24-10-2024 2/2

necessary orders strictly in accordance with law.

It is needless to mention that before passing any orders the petitioner shall be put on notice and given an opportunity of hearing. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of the representation. Any orders passed shall be communicated to the party.

With the above observations, the present writ petition stands disposed off .

(A. Abhishek Reddy , J)

Shamshad/-

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