Shambhu Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15635 of 2017 ====================================================== Shambhu Paswan S/o Late Lochan Paswan, R/o Village- Beri, P.S. -Kusheshwar Asthan, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Darbhanga.

3.

Sub Divisional Officer, Biraul, District- Darbhanga. 4.

The Supply Officer, Darbhanga.

5.

Assistant District Supply Officer, Biraul, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the State :

Mr. U.P. Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 20-03-2023 Learned counsel for the petitioner submits that the petitioner had preferred an appeal against the order of cancellation of license before the Collector in terms of the Rule 32 of the Rules. However, the same has been dismissed by the concerned Magistrate and dismissed on account of absence. The order dated 29.07.2016 is found to be without jurisdiction as the Collector is not empowered to act in accordance with the provisions of the C.P.C. while hearing an appeal under the Bihar Targeted Public Distribution System (Control) Order, 2016. The appeal is restored with direction to the Collector to decide the same on merits. (Sanjeev Prakash Sharma, J) Sachin/- Item No. 24 U