Opportunity to the parties to place on record all essential documents and materials, if required :Patna High Court
Opportunity shall be granted to the parties to place on record all essential documents and materials, if so required and desired is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR in the case of Antu Manjhi Vs. State Of Bihar (Civil Writ Jurisdiction Case No.5902 of 2020). Petitioner prayed to issue an appropriate order/s, direction/s writ, preferably in the nature of certiorari, for the quashing of the order passed by the respondent under the Bihar Targeted Public Distribution (Control) order 2016 Respondent has dismissed the petitioner’s Fair Price Shop License, invoking Clauses 24 and 26 of the said (Control)Order, 2016, as well as provisions of the National Food Security Act, 2013, and the Prevention of Block Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, as violations. Petitioner further requested that the respondent restore the petitioner’s license, notwithstanding the fact that the petitioner had not been convicted. The petitioner’s appeal is pending before the District Magistrate in Gaya, and learned counsel for the petitioner argues that if a directive is made for its prompt disposition, the petitioner will be satisfied. According to learned counsel for the respondents, as this appeal is for the year 2019, it must be considered and decided within three months of the petitioner’s presence before the Appellate Authority, along with a copy of this ruling. As a result, the Statement has been accepted and is now part of the record alongside the petition. The parties will be given the opportunity to record all relevant documents and materials if they so wish, and Petitioner, through skilled counsel, agrees to fully cooperate and not take any unnecessary adjournments. Within three months of the petitioner’s appearance before the Appellate Authority, the Appellate Authority shall decide the appeal on the merits in accordance with natural justice principles, and the Appellate Authority shall issue a reasoned and spoken order. Likewise, the parties are free to pursue any other legal remedies accessible to them, and when a petitioner pursues such legal remedies before the appropriate venue, the matter will be handled in accordance with the law and in a timely manner. Court disposed of the instant petition with Interlocutory Application(s), if any,. The court has not decided on the merits, and all questions remain unresolved. As a result, the petitioner retains the right to challenge the ruling if the necessity arises later.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.59020 Antu Manjhi S o Moali Manjhi resident of Village Basari P.S. Bodh Gaya District Gaya The State of Bihar through the Principal Secretary Department of Food Commerce and Civil Supplies Bihar Patna The Divisional Commissioner Magadh Division Gaya ... Petitioner s The District Magistrate Gaya The Sub Divisional Officer Sadar Gaya The District Supply Officer Gaya The Block Supply Officer Bodh Gaya Gaya ... Respondent s For the Petitioner s For the Respondent s Mr. Sudhir Kumar Sinha Advocate Mr. S. Raza Ahmad AAG 5 Mr. Alok Ranjan AC to AAG 5 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR Per: HONOURABLE THE CHIEF JUSTICE Date : 20 12 2021 Heard learned counsel for the parties. Petitioner has prayed for the following relief(s): Patna High Court CWJC No.59020 dt.20 12 2021 Learned counsel for the petitioner states that petitioner’s appeal is pending before the District Magistrate Gaya and petitioner shall be content if a direction is issued for expeditious disposal of the same. Learned counsel for the respondents states that Patna High Court CWJC No.59020 dt.20 12 2021 since the appeal is of the year 2019 the same shall be considered and decided within a period of three months from the date of appearance of the petitioner before the Appellate Authority along with a copy of this order. Statement accepted and taken on record. As such petition stands disposed of in the following terms: a) Petitioner shall make himself available before Respondent No. 3 namely the District Magistrate Gaya on 10th of January 2022 b) Opportunity shall be granted to the parties to place on record all essential documents and materials if so required and desired c) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment d) The Appellate Authority shall decide the appeal on merits in compliance of the principles of natural justice e) The Appellate Authority shall pass a reasoned and speaking order within a period of three months from the date of appearance of the petitioner before the Appellate Authority f) Copy of the order passed by the Appellate Patna High Court CWJC No.59020 dt.20 12 2021 Authority shall be supplied to the parties g) Equally liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law h) We are hopeful that as and when petitioner takes recourse to such remedies as are otherwise available in law before the appropriate forum the same shall be dealt with in accordance with law and with reasonable dispatch i) We have not expressed any opinion on merits and all issues are left open Liberty reserved to the petitioner to assail the order should the need so arise subsequently. The instant petition sands disposed of in the Interlocutory Application(s) if any stands disposed aforesaid terms. (S. Kumar J