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Patna High CourtCWJC/3195/2023allowed

Chaturbhuj Singh v. The State Of Bihar

2023-04-21Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3195 of 2023 ====================================================== Chaturbhuj Singh S/o Late Baliram Singh, Resident of Village-Itahari, Panchayat-Deopura, P.O.-Bagaura, P.S.-Rasulpur, District-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Food and Consumer Protection, Government of Bihar, Patna.

2.

The Collector-cum-District Magistrate, Saran at Chapra. 3.

The Additional District Magistrate, Saran at Chapra. 4.

The Sub Divisional Officer, Sadar Chapra, District-Saran. 5.

The Block Supply Officer, Ekma, District-Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjaya Nath Tiwari, Adv.

For the State :

Mr. U.P. Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-04-2023

1. The petitioner by way of this writ petition has prayed as under:- "1. That the present writ application is being filed for setting aside the order contained in Memo No. 340 dated 07.02.2020 passed by the learned Sub Divisional Officercum-Licensing Authority, Sadar Chapra by which the PDS license being License No. 58/2016 has been cancelled by a cryptic and non speaking order and/or be pleased to direct the Collector-cum-District Magistrate/ Additional District Magistrate/ Appellate Authority to decide Supply (PDS Appeal) No.

64/2020 filed on 27.02.2020 at an

Patna High Court CWJC No.3195 of 2023(2) dt.21-04-2023 2/2 early date because in terms of Rule 32(iii) of Bihar Targeted PDS Control Order 2016 the appeal was required to the disposed of within 60 days from the date of its filing."

2. In terms of Rule 32 (3) of the Control Order, 2016, the appeal is required to be decided within a period of 60 days.

3. Learned counsel appearing for the respondents does not object if a direction is issued to the Collector to decide the appeal.

4. Learned Collector is directed to decide the appeal on merits by speaking orders within a period of 15 days from the date of production of a copy of this order.

5. It is made clear that he will give an opportunity of hearing to both the parties.

6. Accordingly, the writ petition is allowed. (Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 28 U