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

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.

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Judgement reviewed by – Pooja Lakshmi

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