Natural justice principles shall be followed, the parties shall be given a fair hearing by District Magistrate: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.63921 Harendra Ram Son of Ram Ayodhya Ram Resident of Village Badki Tenduni Post Baligaon P.S. Ayar District Bhojpur ... Petitioner s The State of Bihar Through the Principal Secretary Food and Public Distribution System Patna Bihar The District Magistrate Ara Bhojpur The Sub Divisional Officer Ara The Office of The Sub Divisional Officer Ara Bhojpur The Block Development Officer Garhani Bhojpur The Union of India Through the Post Master General Patna Bihar The Superintendent of General Post Office Ara Bhojpur 8. Veena Devi Wife of Mukesh Kumar Ram Resident of Village Dhamania Block Garhani District Bhojpur ... Respondent s For the Petitioner s For the Respondent s Mr. Rajendra Nath Sinha Advocate Mr. S. Raza Ahmad AAG 5 Mr. Alok Kumar AC to AAG 5 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR Per: HONOURABLE THE CHIEF JUSTICE Date : 04 01 2022 Heard learned counsel for the parties. Petitioner has prayed for the following relief(s): Patna High Court CWJC No.63921 dt.04 01 2022 Venting out his grievance petitioner has already approached the District Magistrate vide application dated 27.01.2021received by the authority within the stipulated time or not and also as to whether the petitioner was erroneously disqualified and his name not included in the list of the applicants. Statement accepted and taken on record. As such petition stands disposed of in the following mutually agreeable terms: a) Respondent No. 10 namely the District Patna High Court CWJC No.63921 dt.04 01 2022 Magistrate Ara Bhojpur shall positively consider and decide the petitioner’s applicationexpeditiously by a reasoned and speaking order preferably within a period of four weeks from the date of production of a copy of this order before him b) Needless to add while considering such request principles of natural justice shall be followed and due opportunity of hearing afforded to the parties c) Also the reasoned and speaking order passed by the appropriate authority shall be supplied to the parties d) Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law e) 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 g) Liberty reserved to the petitioner to challenge the order before the appropriate forum should the need so arise subsequently All issues are left open h) We have not expressed any opinion on merits Patna High Court CWJC No.63921 dt.04 01 2022 The petition stands disposed of in the aforesaid Interlocutory Application(s) if any stands disposed (S. Kumar J

Summary: When considering an application with the District Magistrate, natural justice principles shall be followed, and the parties shall be given a fair hearing 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 Harendra Ram Vs. The State of Bihar (Civil Writ Jurisdiction Case No.6395 of 2021). Brief facts of the case are that Petitioner has already filed an application with the District Magistrate dated 27.01.2021 to issue a writ in the nature of “CERTIORARI” or any other writ or direction to quash the P.D.S. publication of the list of candidates for Garhani Block, Public Distribution System and Control of Food and Consumer Protection, Patna, Bihar, under Sub-divisional Office. A total of 1388 applications were received as a result of the advertisement dated 18.12.2020. The petitioner also prayed to issue “MANDAMUS” or any other writ or direction to publish a new list after listing the names of genuine candidates who submitted their applications within the specified time prior to the 7th and 8th of January 2021, as the candidature of the 9th of January 2021 application form was accepted and name was figured in the current list. The District Magistrate, according to Shri S. Raza Ahmad, learned Additional Advocate General, should examine all issues, including whether the petitioner’s application dated 27.01.2021 was received by the authority within the stipulated time and whether the petitioner was erroneously disqualified and his name was not included in the list of applicants. The petition is dismissed, and the District Magistrate, Ara, Bhojpur, shall affirmatively evaluate and decide the petitioner’s plea as soon as possible, preferably within four weeks of the date of production of a copy of this order before him. When considering such a request, natural justice principles shall be followed, and the parties shall be given a fair hearing, and the appropriate authority’s reasoned and speaking order shall be provided to the parties, and when the petitioner seeks 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.