Ramadhar Singh v. The State Of Bihar and Ors.
Case brief
What is this about?
Coram Dr. Anshuman J discharged the petitioner's civil writ petition, upholding the quashing of OE 2000. The Court declared that the Director of Agriculture, who passed the impugned order, was not the authority designated in the prior court order (RWJC No.550 of 1998). The petitioner was directed to file a fresh representation before the Principal Secretary within 30 days.
What did the court decide?
Impugned order No. 2000 dated 17.10.2011 put up by the Director of Agriculture was set aside and the petitioner was directed to file a representation before the Principal Secretary within 30 days, and
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7425 of 2018
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Ramadhar Singh son of Late Nandlal Singh, resident of Mohalla- Devisthan Rampur, Sampatchak, Ranta Niwas, P.O.- Mahendru, P.S.- Bahadurpur, Town and District- Patna- 800006.
... ... Petitioner/s
Versus
- The State Of Bihar
- The Principal Secretary, Deptt. of Agriculture, Govt. of Bihar, Patna.
- The Director, Agriculture, Govt. of Bihar, Patna.
- The Joint Director cum Controller Weights and Measures, Department of Agriculture, Govt. of Bihar,
- The Administrator, Bihar Agriculture Marketing Board Dissolved, Pant Bhawan, Patna.
Issues for consideration
2 issues framed by the court
Whether the Director Agriculture, Government of Bihar, was the proper authority to pass the impugned order based on liberty granted to the petitioner to raise claim before the Principal Secretary.
Whether the impugned order, being passed by an incorrect authority irrespective of its reasoning, is liable to be set aside.
Parties & counsel
- petitioner
Ramadhar Singh
- respondent
The State Of Bihar
- respondent
The Principal Secretary, Deptt. of Agriculture, Govt. of Bihar, Patna
- respondent
The Director, Agriculture, Govt. of Bihar, Patna
- respondent
The Joint Director cum Controller Weights and Measures, Department of Agriculture, Govt. of Bihar
Case details
As recorded by the court registry
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