Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7825 of 2021 ====================================================== Manoj Kumar son of Maheshwar Prasad Gupta resident of village - Manikpur, P.s. Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Food and consumer Protection Department Government of Bihar, Patna.

3.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, Muzaffarpur.

5.

The Sub-Divisional Officer, East Muzaffarpur, District- Muzaffarpur. 6.

The Block Development Officer - cum - Block Supply Officer, Saraiya, District- Muzaffarpur.

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

For the Petitioner/s :

Mr. Vijay Kumar Singh, Adv.

For the Respondent/s :

Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present writ petition has been filed seeking quashing of the order dated 11.1.2021

Patna High Court CWJC No.7825 of 2021(2) dt.24-09-2021 2/3 passed by the Sub-Divisional Officer, West Muzaffarpur whereby and whereunder the PDS license of the petitioner bearing license no. 23040151 of 2020 has been cancelled.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate appeal under Rule 32 (iii) of the Bihar Targeted Public Distribution System (Control) Orders, 2016.

The learned counsel for the RespondentState, Sri Upendra Pratap Singh (AC to SC-4), 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 against the order dated 11.1.2021 passed by the Sub-Divisional Officer, West Muzaffarpur and in case, such an appeal is filed within a period of four weeks from today, the same shall be considered by the appellate authority on merits and a reasoned and a speaking

Patna High Court CWJC No.7825 of 2021(2) dt.24-09-2021 3/3 order shall be passed, in accordance with law, within a period of eight weeks, thereafter.

(Mohit Kumar Shah, J) Ajay/- U