Bindeshwar Panjiyar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 4476 of 2021 ====================================================== Bindeshwar Panjiyar, Son of Bauelal Panjiyar, Sex-Male, age about 60 years, Resident of Village-Basopatti Purvi, P.O.-Basopatti, P.S.-Basopatti, DistrictMadhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar through its Principal Secretary Food Supply and Consumer Protection Department, Bihar, Patna. 2.
The Additional Secretary Food Supply and Consumer Protection Department, Bihar, Patna.
3.
The District Magistrate, Madhubani.
4.
The District Supply Officer, Madhubani.
5.
The Sub-Divisional Officer, Jaynagar, Madhubani. 6.
The Block Supply Officer, Basopatti, Madhubani. 7.
The Block Supply Inspector, Madhubani.
8.
The Circle Officer, Basopatti, Madhubani.
9.
The Officer In Charge, Basopati, Madhubani.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Respondent/s :
Mr. Lalit Kishore, AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 08-12-2021 Heard learned counsel for the parties.
The present writ petition has been filed for quashing of the order dated 25.04.2020, passed by the Sub-Divisional Officer, Jaynagar whereby and where under the license of the petitioner bearing License no. 41/16 has been suspended.
Patna High Court CWJC No.4476 of 2021 dt.08-12-2021 2/3 The short point raised by the petitioner for consideration is that as per Rule 28 of Bihar Targeted Public Distribution System (Control) Order, 2016, the period of suspension cannot survive beyond a period of 180 days and during the said period of 180 days of suspension of the license, a final order has to be passed but the same has not been passed in the present case, hence the order dated 25.04.2020 stands vitiated in the eyes of law.
The learned counsel for the respondent-State submits that in case, it transpires subsequently that the final order has already been passed in the present case, liberty be granted to the respondents to move this Court for the purposes of modification/ recall of the order being passed today. Liberty so sought, is granted.
Having regard to the facts and circumstances of the case and considering the provisions contained in Rule 28 of Bihar Targeted Public Distribution System (Control) Order, 2016, this Court finds that the period of suspension of the P.D.S. license of the petitioner has exceeded a period of 180 days, however no final decision has been taken and secondly, the petitioner has already been granted the privilege of anticipatory bail which indicates that neither the petitioner is a fugitive nor he has been
Patna High Court CWJC No.4476 of 2021 dt.08-12-2021 3/3 sent to jail, hence, the impugned order dated 25.04.2020 stands vitiated in the eyes of law, thus is quashed. The writ petition stands allowed.
(Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar/Anand Kr.
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