Soti Ray v. The State Of Bihar Through The Secretary Food And Civil Supplies Department, Government Of Bihar, P

Patna High Court CWJC No.2162 of 2018 dt.03-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2162 of 2018 =========================================================== Soti Ray, S/o Ramphal Ray, R/o Vill.- Gangapur Lutna Tola, P.S. Alamnagar, Dist.- Madhepura.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary Food and Civil Supplies Department, Government of Bihar, Patna.

2. The Secretary, Food and Civil Supplies Department, Government of Bihar, Patna.

3. The District Magistrate, Madhepura.

4. The District Supply Officer Madhepura.

5. The Sub-Divisional Officer Udakishunganj, District- Madhepura.

6. The Block Supply Officer-cum-Marketing Officer of Alamnagar Block Dist.- Madhepura.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Singh, Adv For the Respondent/s : Mr. S. RAZA AHMAD- AAG5 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-04-2018 The present writ petition has been filed for a direction to the learned Collector, Madhepura, the appellate authority, to dispose of the Appeal Case No. 05 of 2017 filed by the petitioner challenging the order dated 04.02.2017 passed by the Sub Divisional Officer, Udakishunganj, District Madhepura cancelling the PDS licence of the petitioner at an early date in terms of the provisions of Targeted PDS Control Order, 2016.

2. Having heard learned counsel for the petitioner and considering that the Supply Appeal against the impugned order of

Patna High Court CWJC No.2162 of 2018 dt.03-04-2018 cancellation has already been filed on 16.02.2017, this Court is not inclined to enter into the merits of the matter.

3. The writ petition stands disposed of with a direction to the concerned appellate authority that the Supply Appeal dated 16.02.2017, said to have been filed against the order of cancellation passed by the Sub Divisional Officer, Udakishunganj, District Madhepura vide memo no. 397-2 dated 04.02.2017 (Annexure-7), if pending before him, be considered and disposed of on its own merits after grant of an opportunity of hearing to the petitioner in accordance with law expeditiously and in any event preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 16.04.2018 Transmission Date NA