Chandeshwar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3518 of 2019 ====================================================== Chandeshwar Ram, Late Moti Ram, resident of village- Raj Pandaul, BlockNanpur, P.S- Nanpur, District- Sitamarhi ... Petitioner

Versus

1.

The State of Bihar through the principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna 2.

The Principal Secretary, Department of Food and Civil Supplies, Government of Bihar, Patna Bihar 3.

The District officer-cum District Magistrate, Sitamarhi Bihar 4.

The Sub Divisional Officer, Pupri, District-Sitamarhi Bihar 5.

The Block Supply Officer, Pupri, District- Sitamarhi Bihar ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Amrit Abhijat, Adv.

For the Respondents :

Mr. Arvind Ujjwal, SC IV ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2021 Heard the parties.

The petitioner has invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India against the order, dated 08.01.2019, contained in Memo No. 23 (Annexure 7), issued by the Subdivisional Officer, Pupri, Sitamarhi, cancelling the licence of the Public Distribution System Shop of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that without giving the enquiry report of the Block Supply Officer, Pupri, Sitamarhi, in respect to inspection of the Public Distribution System Shop, the licence of the Public Distribution System Shop of the petitioner has been cancelled

Patna High Court CWJC No.3518 of 2019(5) dt.04-02-2021 2/2 through the impugned order.

The impugned order is appealable under Rule 32(3) of the Bihar Targeted Public Distribution System Shop (Control) order, 2016, as such, I am not inclined to invoke the extra ordinary jurisdiction under Article 226 of the Constitution of India.

This writ application is dismissed. However, the petitioner would be at liberty to approach the District Magistrate, Sitamarhi, under Rule 32(3) of the Bihar Targeted Public Distribution System Shop (Control) order, 2016, within four weeks of this order, who shall disposed of the appeal of the petitioner within ninety days thereafter.

(Rajendra Kumar Mishra, J) Shamshad/- U