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2025 DAILYLAW 97467 (PAT)

Rahul Kumar v. The State of Bihar

MJC/1458/2024 · 2025-04-11

P B Bajanthri, Ramesh Chand Malviya

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1458 of 2024 In Civil Writ Jurisdiction Case No.1781 of 2024 ====================================================== Rahul Kumar S/o Mahesh Thakur, Resident of Village- Bhabhual Chak Dehri, P.S.-Pipra Punpun, District- Patna at present Resident of Village- Gandhihat, P.S.- Maner, District- Patna. ... ... Petitioner/s Versus 1. The State of Bihar Bihar. 2. Shree Satyajeet Singh, the Commissioner, Excise Department, Government of Bihar, Patna. 3. Shree Shirsat Kapil Ashok, the District Magistrate, Patna. 4. Shree Manoj Kumar Singh, the Officer-in-charge, Excise Police Station- Mashaurhi, District-Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binit Kumar For the Opposite Party/s : Mr.Navnit Kumar, AC to GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 5 11-04-2025 On 17.01.2025, we have passed the following order:- “We have perused the supplementary show cause filed on behalf of opposite party No. 3 and affidavit was sworn by District Magistrate, Patna dated 09.12.2024. Reasons narrated in the supplementary show cause dated 09.12.2024 perused and personal appearance of District Magistrate, Patna stands dispensed until further orders. 2. Perusal of the first supplementary show cause along with Annexure R2 dated 29.11.2024, we have our own doubt as to whether order Patna High Court MJC No.1458 of 2024(5) dt.11-04-2025 2/2 dated 29.11.2024 is antedated document or not in view of the fact that our order dated 29.11.2024, therefore, the Assistant Commissioner, Excise / author of the document dated 29.11.2024 (Annexure R2) is hereby directed to furnish dispatch register relating to the month of November, 2024 and December, 2024 in order to ascertain whether Annexure R2 dated 29.11.2024 is antedated one or not. 3. Relist this matter on 31.01.2025.” 2. Counsel for the opposite parties pointed out from the supplementary show-cause dated 28.01.2025 read with the xerox copy of the dispatched register. It is evident that order dated 29.11.2024 vide Annexure-R/2 has been dispatched as is evident from the dispatched register. 3. Accordingly, the present MJC No. 1458 of 2024 stands dropped. Reserving liberty to the petitioner to invoke such remedy if he is aggrieved by any action/inaction of the opposite parties and in accordance with law. abhishekkr/- (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) U