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Patna High CourtCWJC/4650/2021disposed

Kalar Chaudahry v. The State Of Bihar

2022-02-03Mr. Justice Mohit Kumar Shah,Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4650 of 2021 ====================================================== Kalar Chaudahry, Male, aged about 68 years, Son of Ishwa Chaudahry, Resident of Village-Sant Nagar, P.S. District Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna.

2.

The District Magistrate, Madhubani, District-Madhubani. 3.

The Sub-Divisional Officer, Jhanjharpur, District-Madhubani 4.

The Block Supply officer, Block-Jhanjharpur, District-Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivnandan Bharti, Advocate For the Respondent/s :

Mr. S Raza Ahmad, AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 03-02-2022 The matter has been heard via video conferencing. Heard the learned counsel for the parties.

Though the present petition has been filed for quashing the order dated 08.04.2020, passed by the Sub Divisional Officer, Jhanjharpur, Madhubani, whereby and whereunder the license of the P.D.S. shop of the petitioner bearing License no. 12/2016/34/2007 has been cancelled but at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to prefer an appeal before the appellate authority under Rule 32(iii) of the Bihar Targeted Public

Patna High Court CWJC No.4650 of 2021(3) dt.03-02-2022 2/2 Distribution System (Control) Order, 2016.

The learned counsel for the respondent- State has got no objection.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to file appropriate appeal before the appellate authority against the order dated 08.04.2020, passed by the Sub Divisional Officer, Jhanjharpur, Madhubani and in case, such an appeal is filed within a period of four weeks from today, the same shall be decided on merits, in accordance with law, by a reasoned and a speaking order, within a period of eight weeks, thereafter.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) P. Kumar U