Naresh Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4114 of 2019 ====================================================== Naresh Prasad Singh, aged about 70 Years Male, Son of Chunchun Singh Resident of Village-Khiddi, P.S. Barahat, District-Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

3.

The District Magistrate, Banka.

4.

The S.D.O. Banka.

5.

The District Supply Officer Banka.

6.

The Block Supply Officer, Barhat, Banka.

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the State :

Mr. U. P. Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner and learned AC to SC 4 for the State.

2. The petitioner has moved the Court for the following reliefs:

"I. For issuance of a writ of certiorari or any other appropriate writ order or direction for quashing the letter dated 31.07.2017 contained in memo 684 issued by the respondent no. 4 the S.D.O., Banka by which he had most arbitrarily and quite erroneously cancelled the petitioner's fair price shop bearing Lincence no. 53 of 2012 without considering the show cause of the petitioner.

II. For issuance of a writ of mandamus or any other appropriate writ

Patna High Court CWJC No.4114 of 2019(3) dt.30-05-2019 2/2 order and direction commanding the respondents authorities to permit the petitioner to run his fair price shop by setting aside the aforesaid impugned order which is under challenge.

III. For grants of any other relief or reliefs for which the petitioner be entitled, deemed fit and proper in the facts and circumstances of the case."

3. After some arguments, learned counsel for the petitioner submitted that the writ petition be disposed off with liberty to file a statutory appeal under Rule 32 (iii) of the Bihar Targeted Public Distribution System (Control) Order, 2016, before the District Magistrate, Banka (respondent no. 3).

4. In view thereof, as prayed for by learned counsel for the petitioner, the writ petition stands disposed off with liberty aforesaid.

5. It goes without saying that if the petitioner files such appeal before the respondent no. 3, the same shall be considered, in accordance with law, and disposed off within the statutory period.

(Ahsanuddin Amanullah, J.) Anand Kr.

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