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Patna High CourtCWJC/4895/2021disposed

Nawal Kishore Prasad Singh v. The State Of Bihar,

2022-01-27Mr. Justice Madhuresh Prasad,Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4895 of 2021 ====================================================== NAWAL KISHORE PRASAD SINGH son of Ram Chandra Prasad Singh @ Ram Chandra Singh, Resident of Village- Wajitpur, Police Station and BlockSilao, Gram Panchayat and Post Office- Mahuri, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Food and Commerce, Govt. of Bihar, Patna 2.

The District Magistrate, Nalanda at Biharsharif 3.

The District Supply Officer, Nalanda at Biharsharif 4.

The Assistant District Supply Officer, Nalanda at Biharsharif 5.

The Sub Divisional Officer, Rajgir, District- Nalanda 6.

The Block Supply Officer, Silao, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivam, Adv For the Respondent/s :

Mr. Alok Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 27-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner's licence to run a fair price shop under Bihar Targeted Public Distribution System (Control) Order, 2016 [hereinafter referred to as 'BTPDS (Control) Order, 2016'] was canceled by an order dated 27.05.2019 passed by the Licensing Authority-cum-Sub-Divisional Officer, Rajgir,

Patna High Court CWJC No.4895 of 2021(2) dt.27-01-2022 2/2 Nalanda. Petitinoer's appeal against the said order has been dismissed by an order dated 16.10.2020 passed by the District Magistrate, Nalanda. The said two orders are under challenge in the present writ application.

The petitioner has statutory remedy of revision before the Divisional Commissioner under Rule 32 (vi) of the BTPDS (Control) Order, 2016 which he has not availed. In such view of the matter, this application is disposed of with a liberty to the petitioner to pursue his remedy under Rule 32 (vi) of BTPDS (Control) Order, 2016. If any revision application is filed under the said provision within four weeks from today accompanied by an application seeking condonation of delay, the Revisional Authority shall liberally consider the application for condonation of delay and decide the revision application on merits.

This application stands disposed of.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U