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Patna High Court - Orders

Sri Nandji Pandey vs The State Of Bihar on 23 December, 2021

Author: Rajan Gupta

Bench: Rajan Gupta, Mohit Kumar Shah

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6215 of 2021
                 ======================================================
           1.     Sri Nandji Pandey S/o-Late Dudhnath Pandey Residentof Village
                  Purandarpur Ghusiya-Kala, P.S.-Bikramganj, District-Rohtas, Proprietor of
                  Sri Ganesh Ji rice Mills Ghusiya Kala P.S.-Bikramganj, Distt-Rohtas.
           2.    Rintu Pandey, S/o-Sri Nandji Pandey Residentof Village Purandarpur
                 Ghusiya-Kala, P.S.-Bikramganj, District-Rohtas,

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar.
           2.    The Collector-Cum-District Magistrate, Rohtas (Sasaram).
           3.    The Sub Divisional Magistrate, Bikramganj, District-Rohtas.
           4.    Assistant District Supply Officer, Bikramganj, Distirct-Rohtas.
           5.    Block Supply Officer, Bikramganj, Distirct-Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Atul Kumar Pandey, Advocate
                 For the Respondent/s   :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA
                         and
                         HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)

2   23-12-2021

Heard learned counsel for the parties.

The petitioners have impugned the confiscation order dated 03.03.2020 passed by the respondent no. 2. Against such order, an appeal is maintainable under Section 6-C of the Essential Commodities Act, 1955.

Learned counsel for the petitioners submits that he may be allowed to withdraw the petition with liberty to avail the said remedy.

Patna High Court CWJC No.6215 of 2021(2) dt.23-12-2021 2/2 In case he does so, the Appellate Authority shall decide the matter expeditiously in any case not later than eight weeks. In case any question of limitation arises, the petitioners shall be at liberty to file an application for condonation thereof which shall be considered sympathetically by the Authority.

The writ petition stands disposed of as withdrawn with liberty aforesaid.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/-

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