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Patna High CourtCWJC/2079/2020disposed

Umesh Manjhi, v. The State Of Bihar

2020-02-26Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2079 of 2020 ====================================================== Umesh Manjhi, son of Prabhu Manjhi, Resident of village- Bhavarikala, Village Panchayat- Jaipur, Police Station- Fatehur, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Food and Consumers Protection, Government of Bihar, Patna. 2.

The District Magistrate, Gaya.

3.

The Sub-Divisional Officer, Sadar Gaya.

4.

The Block Supply Officer, Fatehur, Dist.- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar For the Respondent/s :

Mr. Arvind Ujjwal (Sc4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-02-2020 Heard the learned counsel for the petitioner and the State.

Pursuant to the lodging of the F.I.R. against the petitioner who is a PDS licensee, the license of the petitioner was suspended and a notice was issued to him to explain his cause within three days.

It appears from the averments made in the writ

Patna High Court CWJC No.2079 of 2020(2) dt.26-02-2020 2/3 petition that the aforesaid notice has not yet been responded to.

Several months have passed since the suspension of license of the petitioner.

Under the aforesaid circumstances, this Court only directs that on the petitioner filing his show cause reply within a period of two weeks from today, annexing a copy of this order, the concerned authority shall take a decision on such show cause reply within a period of three months.

This Court has set the aforesaid time limit in derogation of the provisions contained in Rule 28 of the Bihar Targeted Public Distribution System (Control) Order, 2016 for the reason that 180 days, as contemplated in the aforesaid rule, has long been passed.

Needless to state that any order passed by the authority in this regard shall be a reasoned order after adverting to the show cause reply of the petitioner.

Patna High Court CWJC No.2079 of 2020(2) dt.26-02-2020 3/3 With the aforesaid observation/direction, this writ petition stands disposed of.

(Ashutosh Kumar, J) GAURAV S./- U