Rahul Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3007 of 2020 ====================================================== Rahul Kumar, S/o Late Dhanai Mahto, resident of village- Shripur Bhatwaliya, P.S.- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna. 2.

The Collector-cum-District Magistrate, East Champaran at Motihari. 3.

The District Supply Officer, East Champaran at Motihari. 4.

The Asst. District Supply Officer, Sadar, East Champaran at Motihari. 5.

The Sub Divisional Officer, Sadar, East Champaran at Motihari. 6.

The Block Development Officer, Sadar, East Champaran at Motihari. 7.

The Block Supply Officer, Sadar, East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Respondent/s :

Mr. S. Raja Ahmad ( AAG-5 ) Mr. Anisur Haque, AC to AAG -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 28-02-2020 The license of the petitioner has been cancelled by the licensing authority and the aforesaid order has been affirmed in appeal by the District Magistrate, East Champaran at Motihari.

Both the orders are under challenge in the present petition.

This Court takes note of the fact that the license of the petitioner is of a prior date than the promulgation of Bihar Targeted P.D.S. (Control) Order, 2016.

Under the new system/order of 2016, the petitioner would be required to obtain renewal of his

Patna High Court CWJC No.3007 of 2020 dt.28-02-2020 2/2 license. No renewal of license could be asked for in the event of license under the old order having been cancelled. These aspects be stated by the petitioner before the revisional authority, who shall dispose of the revision petition, if filed within a period of thirty days from today. In case the petitioner succeeds and the order of cancellation is set aside, the petitioner would be at liberty to make necessary application for renewal of his license under the Bihar Targeted P.D.S. (Control) Order, 2016. If the revision petition of the petitioner fails for any reason, the petitioner would have to be content with applying afresh for the license under the new order of 2016.

With the aforesaid direction/observation, the writ petition stands disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.03.2020 Transmission Date