Ram Kishun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3253 of 2020 ====================================================== Ram Kishun Ram son of Late Mahavir Ram resident of Village- Ward no. 8 School Road near Masjid Amarakh P.S.- Maniyari, Dist- Muzaffarpur, Presently Cancilled, P.D.S. Dealer Amarakh Panchayat Block- Kudhani, DistMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar its Principal Secretary, Food and Civil Supply Department, Govt. of Bihar, Patna.

2.

The Sub- Divisional Magistrate, West, Muzaffarpur. 3.

The Block Co-operative Officer, Kudhani.

4.

The Incharge Block Supply Officer, Kudhani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kishore Shahi, Advocate For the Respondent/s :

Mr. Anisul Haque, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2020 The petitioner has challenged the order dated 14.10.2019 contained in memo No. 64 under the signature of Sub-Divisional Officer, West, Muzaffarpur whereby the PDS license of the petitioner has been cancelled.

The aforesaid order has been assailed on several grounds but primarily for the reasons that the enquiry report of Co-operative Officer has been relied upon, who is not an authority under the Public

Patna High Court CWJC No.3253 of 2020(2) dt.28-02-2020 2/3 Distribution System, to submit any report.

The other ground for challenge is that the show-cause explanation offered by the petitioner has not at all been adverted to and been considered.

Lastly, it has been submitted that before the order impugned, F.I.R was instituted against the petitioner and in that event, since no order was passed by that time on the enquiry report, it was incumbent upon the authorities to adhere to the provisions contained in under Section 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016. These grounds can very well be urged before the Appellate Authority.

This Court, on perusing the impugned order, is of the view that in the event of such provision being available to the petitioner and not having been exhausted, the petitioner be relegated to the Appellate Authority for the needful.

Should the petitioner prefer an appeal against

Patna High Court CWJC No.3253 of 2020(2) dt.28-02-2020 3/3 the order impugned in the present petition within a period of two weeks, the same shall be entertained by the Appellate Authority who shall, after affording hearing to the petitioner, pass a reasoned order in accordance with law within a further period of sixty days thereafter. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U