Yogendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1753 of 2022 ====================================================== Yogendra Prasad Son of Late Jittu Lal Presently residing at Village- Ward No.8, Khusrupur, P.S.- Khusrupur, District- Patna, resident of Friends Colony Pandra Rana Path, Pandra, Kamre, P.S.- Ratu, District- Ranchi, Jharkhand. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Special Secretary, Food and Consumer Protection Department, Bihar, Patna.

2.

The Special Secretary, Food and Consumer Protection Department, Bihar, Patna.

3.

The Deputy Director (Food), Patna Division, Patna. 4.

The District Magistrate cum Collector, District- Patna. 5.

The Additional Collector, Patna.

6.

The District Supply Officer, Patnacity, Patna. 7.

The Assistant District Supply Officer, Patnacity, Patna. 8.

The Sub Divisional Officer, Patna City, District- Patna. 9.

The Block Supply Officer cum Block Development Officer, Khusrupur, District- Patna.

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

For the Petitioner/s :

Mr. Abhimanyu Deo For the Respondent/s :

Mr. Bisambhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 25-02-2022 Heard the learned counsel for the parties.

The petitioner has approached this Court for a direction to the respondents to allow him to open his shop which was granted to him under the Public Distribution System, which was closed because of unauthorized leave of

Patna High Court CWJC No.1753 of 2022(2) dt.25-02-2022 2/3 the petitioner.

The petitioner claims to have been busy in the treatment of his wife.

However, when the shop of the petitioner remained closed for a long time, he was noticed to explain as to how the shop remained closed beyond a period of 90 days without seeking any permission from the authorities. The learned counsel for the petitioner has submitted that such notice dated 19.11.2019 was responded but no final order was passed.

Thereafter, it further appears that another notice was served upon the petitioner on 11.12.2019 to which also, the petitioner claims to have replied but again no final order has been passed.

The Licensing Authority, is thus, directed to take a final decision whether the petitioner should be allowed to remain as licensee or his licence be cancelled. This decision shall be taken by the Licensing Authority within a period of 30 days of the receipt / production of a copy of this order. The petitioner shall be

Patna High Court CWJC No.1753 of 2022(2) dt.25-02-2022 3/3 informed of such decision of the Licensing Authority. With the aforesaid direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) ( Anjani Kumar Sharan, J) sunilkumar/- U