IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9491 of 2011 Yogendra Prasad Singh son of Late Bindeshwar Prasad Singh R/o vill. Narar (West), Police Station-Jay Nagar, Dist-Madhubani . ---Petitioner. Versus 1. The Food Corporation Of India through the Managing Director, Food Corporation of India (F.C.I.), 16-20 Barakhamba Lane, New Delhi. 2. The Executive Director, East Food Corporation of India, 10-A Middleton Road, Kolkatta-71. 3. The General Manager, Food Corporation of India, Exhibition Road, Arunachal Bhawan, Patna. 4. The Area Manager, Food Corporation of India Saharsa. 5. The Manager (D) Food Storage Department (F.S.D.) Saharsa. 6. Sri Daya Nath Mishra, son of Late Triloki Nath Mishra, R/o vill- and post Khojori Matihari via Chapram, Dist-Saharsa. 7. Md. Sarfaraj Khan son of late Md. Hamid Khan at present posted as the Area Manager, F.C.I. Near Bus Stand, Saharsa. ---Respondents. ----------- 03 06.07.2011 Both sides present. Petitioner is aggrieved by the order dated 08.12.2009 (Annexure-1) whereby certain penalties have been inflicted on the petitioner on being held guilty of shortage of 39 bags of rice. Petitioner has asserted as under in para 15:- “15. That petitioner has filed Appeal against the impugned order on 30.9.2010 through the Registered post but till date no order has been passed on his appeal.” Mr. Tekriwal, learned counsel appearing on behalf of the Food Corporation of India submits that Regulation 67 and 68 of F.C.I. Regulation 1971 provide appeal against such order. Since the petitioner has already filed an appeal, this Court would, therefore, refuses to entertain the present application. The application is dismissed with observation that appeal 2 preferred by the petitioner would be considered and disposed of in accordance with law as quickly as possible. Sym ( Kishore K. Mandal, J. )