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Patna High CourtCWJC/4602/2021disposed

Ram Niwas Yadav v. The State Of Bihar

2021-12-21Mr. Justice Rajan Gupta,Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4602 of 2021 ====================================================== Ram Niwas Yadav Son of Late Ganga Yadav Resident of Villge- Itaura, P.O.- Sonversha P.S. Charpokhari, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Food and Consumer Protection, Government of Bihar, Patna.

2.

The District Magistrate Officer Bhojpur.

3.

The Sub divisional Officer Piro Bhojpur.

4.

The District Food Supply Officer Charpokhari, Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra, Adv.

For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 21-12-2021 The present petition has been filed seeking quashing of the order dated 04.12.2020, passed by the Sub Divisional Officer, Piro, Bhojpur, whereby and whereunder the P.D.S. license of the petitioner bearing License no. 52 of 2016 has been cancelled.

We find that admittedly, there is a provision of appeal under Rule 32(iii) of Public Distribution System (Control) Order, 2016, however the petitioner has not availed the said alternative remedy. On a query being made to the learned counsel for the petitioner that as to whether the petitioner would

Patna High Court CWJC No.4602 of 2021(2) dt.21-12-2021 2/2 like to prefer an appeal against the impugned order, the learned counsel for the petitioner submits that the petitioner would definitely file an appeal, however a stipulated time frame be fixed for disposal of the same.

Having regard to the facts and circumstances of the case, we deem it fit and proper to dispose off the present writ petition as not pressed, however grant liberty to the petitioner to file appropriate appeal within a period of two weeks from today, which shall be disposed of by the learned District Magistrate, Bhojpur, on merits within a period of eight weeks, thereafter, by a reasoned and a speaking order.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) rinkee/s.sb.- U